2017 Wisconsin Act 59

59.17 (2) (b) 3. Exercise the authority under s. 59.52 (6) (a) that would otherwise be exercised by a county board, except that the county board may continue to exercise the authority under s. 59.52 (6) with regard to land that is zoned as a park on or after July 14, 2015, other than land zoned as a park in the city of Milwaukee that is located within the area west of Lincoln Memorial Drive, south of E. Michigan Street, east of N. Van Buren Street, and north of E. Clybourn Avenue. With regard to the sale, acquisition, or lease as landlord or tenant of property, other than certain park land as described in this subdivision, the county executive's action need not must be consistent with established county board policy and may take effect without submission to or approval by must be approved by the county board. The proceeds of the sale of property as authorized under this subdivision shall first be applied to any debt attached to the property. Before the county executive's sale of county land may take effect, a majority of the following must sign a document, a copy of which will be attached to the bill of sale and a copy of which will be retained by the county, certifying that they believe the sale is in the best interests of the county: to take effect. The county board may only approve or reject the contract as negotiated by the county executive.

59,980se Section 980se. 59.17 (2) (b) 3. a. to c. of the statutes are repealed.

59,981 Section 981 . 59.20 (3) (a) of the statutes is amended to read:

59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer, comptroller, register of probate, clerk, and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers, or minutes therefrom except as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under ch. 69.

59,981e Section 981e. 59.255 (2) (L) of the statutes is created to read:

59.255 (2) (L) The comptroller shall administer accounts payable, payroll, accounting, and financial information systems.

59,981h Section 981h. 59.52 (6) (intro.) of the statutes is amended to read:

59.52 (6) Property. (intro.) Except as provided in s. 59.17 (2) (b) 3., the The board may:

59,981m Section 981m. 59.52 (6) (a) of the statutes is amended to read:

59.52 (6) (a) How acquired; purposes. Take Except as provided in s. 59.17 (2) (b) 3., take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982b Section 982b. 59.52 (7) of the statutes is amended to read:

59.52 (7) Joint cooperation. The board may join with the state, other counties and municipalities in a cooperative arrangement as provided by s. 66.0301, including the acquisition, development, remodeling, construction, equipment, operation and maintenance of land, buildings and facilities for regional projects, whether or not such projects are located within the county. If a county is required to establish or maintain an agency, department, commission, or any other office or position to carry out a county responsibility, and the county joins with another county or municipality by entering into an intergovernmental cooperation contract under s. 66.0301 (2) to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills the county's obligation to establish or maintain such entities or positions until the contract entered into under s. 66.0301 (2) expires or is terminated by the parties. In addition, if 2 or more counties enter into an intergovernmental cooperation contract and create a commission under s. 66.0301 (2) to jointly or regionally administer a function or project, the commission shall be considered to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under s. 66.0301 (2).

59,982f Section 982f. 59.52 (31) (e) of the statutes is repealed.

59,982i Section 982i. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982ib Section 982ib. 59.69 (10) (ab) 1. of the statutes is created to read:

59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

59,982ic Section 982ic. 59.69 (10) (ab) 2. of the statutes is created to read:

59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, and includes any parcel of land that, as of the effective date of this subdivision .... [LRB inserts date], is contiguous to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

59,982id Section 982id. 59.69 (10) (ab) 4. of the statutes is created to read:

59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.0414 (2) (d).

59,982ie Section 982ie. 59.69 (10) (ab) 5. of the statutes is created to read:

59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

59,982if Section 982if. 59.69 (10) (ap) of the statutes is created to read:

59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted.

59,982ig Section 982ig. 59.69 (10s) of the statutes is created to read:

59.69 (10s) Renewal of quarry permits. (a) Except as provided in par. (b), a county shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

(b) A county may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the county of the violation and a reasonable opportunity for the quarry operator to cure the violation.

59,982m Section 982m. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982mb Section 982mb. 60.61 (5) (ab) 1. of the statutes is created to read:

60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

59,982mc Section 982mc. 60.61 (5) (ab) 3. of the statutes is created to read:

60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.0414 (2) (d).

59,982md Section 982md. 60.61 (5) (ab) 4. of the statutes is created to read:

60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

59,982me Section 982me. 60.61 (5) (as) of the statutes is created to read:

60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted.

59,982mf Section 982mf. 60.61 (5s) of the statutes is created to read:

60.61 (5s) Renewal of quarry permits. (a) Except as provided in par. (b), a town shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

(b) A town may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the town of the violation and a reasonable opportunity for the quarry operator to cure the violation.

59,982p Section 982p. 60.782 (2) (d) of the statutes is amended to read:

60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982pg Section 982pg. 61.34 (3) of the statutes is renumbered 61.34 (3) (a) and amended to read:

61.34 (3) (a) The Except as provided in par. (b), the village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

59,982pm Section 982pm. 61.34 (3) (b) of the statutes is created to read:

61.34 (3) (b) The village board may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982pr Section 982pr. 62.22 (1) of the statutes is renumbered 62.22 (1) (a) and amended to read:

62.22 (1) (a) The Except as provided in par. (b), the governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

59,982pt Section 982pt. 62.22 (1) (b) of the statutes is created to read:

62.22 (1) (b) The governing body of any city may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982q Section 982q. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

62.23 (7) (ab) Definition Definitions. (intro.) In this subsection “nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982qb Section 982qb. 62.23 (7) (ab) 1. of the statutes is created to read:

62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

59,982qc Section 982qc. 62.23 (7) (ab) 3. of the statutes is created to read:

62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.0414 (2) (d).

59,982qd Section 982qd. 62.23 (7) (ab) 4. of the statutes is created to read:

62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

59,982qe Section 982qe. 62.23 (7) (hd) of the statutes is created to read:

62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an ordinance enacted under this subsection may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted.

59,982qs Section 982qs. 62.23 (17) (a) (intro.) of the statutes is amended to read:

62.23 (17) (a) (intro.) Cities Except as provided in par. (am), cities may acquire by gift, lease, purchase or condemnation any lands (a) within its corporate limits for establishing, laying out, widening, enlarging, extending and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; (b) any lands adjoining or near to such city for use, sublease or sale for any of the following purposes:

59,982r Section 982r. 62.23 (17) (am) of the statutes is created to read:

62.23 (17) (am) Cities may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982s Section 982s. 62.23 (19) of the statutes is created to read:

62.23 (19) Renewal of quarry permits. (a) Except as provided in par. (b), a city shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

(b) A city may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the city of the violation and a reasonable opportunity for the quarry operator to cure the violation.

59,982t Section 982t. 66.0102 of the statutes is created to read:

66.0102 Conflicts with statutory provisions. (1) In this section, “political subdivision” means a city, village, town, or county.

(2) A political subdivision may not enforce an ordinance if any of the following applies:

(a) A statutory provision prohibits the political subdivision from enforcing the ordinance.

(b) The ordinance logically conflicts with a statutory provision.

(c) The ordinance defeats the purpose of a statutory provision.

(d) The ordinance violates the spirit of a statutory provision.

59,983e Section 983e. 66.0137 (5) (b) of the statutes is amended to read:

66.0137 (5) (b) The state or a local governmental unit may provide for the payment of premiums or cost sharing for hospital, surgical and other health and accident insurance and life insurance for employees and officers, their spouses, and dependent children, and their domestic partners under ch. 770 and dependent children. A local governmental unit may also provide for the payment of premiums or cost sharing for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.

59,984b Section 984b. 66.0301 (2) of the statutes is amended to read:

66.0301 (2) Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state. If a municipality is required to establish or maintain an agency, department, commission, or any other office or position to carry out a municipal responsibility, and the municipality joins with another municipality by entering into an intergovernmental cooperation contract under this subsection to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills, subject to sub. (7), the municipality's obligation to establish or maintain such entities or positions until the contract entered into under this subsection expires or is terminated by the parties. In addition, if 2 or more municipalities enter into an intergovernmental cooperation contract and create a commission under this section to jointly or regionally administer a function or project, the commission shall be considered, subject to sub. (7), to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under this section.

59,984c Section 984c. 66.0301 (7) of the statutes is created to read:

66.0301 (7) With regard to a contract entered into under sub. (2) between 2 or more counties, which relates to the provision of services or facilities under a contract with an officer or agency of the state, the contract may not take effect unless it is approved in writing by the officer or chief of the agency that has authority over the contract for the provision of services or facilities. The contract must be approved or disapproved in writing by the officer or chief of the agency with regard to the matters within the scope of the contract for the provision of services or facilities within 90 days after receipt of the contract. Any disapproval shall detail the specific respects in which the proposed contract fails to demonstrate that the signatories intend to fulfill their contractual responsibilities or obligations. If the officer or chief of the agency fails to approve or disapprove of the contract entered into under sub. (2) within 90 days after receipt, the contract shall be considered approved by the officer or chief of the agency.

59,984g Section 984g. 66.0304 (1) (c) of the statutes is amended to read:

66.0304 (1) (c) “Commission" means an entity created by two or more political subdivisions, who contract with each other under s. 66.0301 (2) or 66.0303 (2), for the purpose of issuing bonds exercising the powers under this section.

59,984gb Section 984gb. 66.0304 (1) (e) of the statutes is amended to read:

66.0304 (1) (e) “Participant" means any public or private entity or unincorporated association, including a federally recognized Indian tribe or band, and including a business entity created under sub. (4e), that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the public or private entity or unincorporated association.

59,984gc Section 984gc. 66.0304 (1) (f) of the statutes is amended to read: