1995 Wisconsin Act 201

201,200 Section 200 . 59.07 (95) of the statutes is renumbered 59.56 (1) and amended to read:

59.56 (1) Cultural and educational contributions. Appropriate The board may appropriate money for cultural, artistic, educational and musical programs, projects and related activities, including financial assistance to nonprofit corporations devoted to furthering the cultivation and appreciation of the art of music or to the promotion of the visual arts.

201,201 Section 201 . 59.07 (96) of the statutes is renumbered 59.53 (4) and amended to read:

59.53 (4) Comprehensive health planning. A county or combination of counties may engage in comprehensive health planning, and county boards may appropriate county funds to an area-wide areawide agency for such planning, whether the organization to be utilized is a public agency or a private, nonprofit corporation.

201,202 Section 202 . 59.07 (96m) of the statutes is renumbered 59.53 (19) and amended to read:

59.53 (19) Joint operation of health-related service. May The board may authorize the trustees of county hospitals, together with a private or public organization or affiliation, to organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any health-related service; to participate in the financing of the entity; and to provide administrative and financial services or resources for its operation on terms prescribed by the county board.

201,203 Section 203 . 59.07 (97) of the statutes is renumbered 59.53 (5) and amended to read:

59.53 (5) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and family services. The attorneys responsible for support enforcement under s. 59.458 (1) sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department as necessary to provide the services required under the programs. The county shall charge the fee established by the department under s. 46.25 for services provided under this subsection to persons not receiving assistance under s. 49.19 or 49.47.

201,204 Section 204 . 59.07 (98) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.53 (2) and amended to read:

59.53 (2) Emergency energy relief. Regardless of whether a county operates a relief program under sub. (154), (21), the board may appropriate money for making payments to individuals or providing grants to community action agencies, cities, villages and towns and municipalities to assist persons and families in the purchase of emergency energy supplies.

201,205 Section 205 . 59.07 (99) of the statutes is renumbered 59.53 (3) and amended to read:

59.53 (3) Community action agencies. Appropriate The board may appropriate funds for promoting and assisting any community action agency under s. 46.30.

201,206 Section 206 . 59.07 (100) of the statutes is renumbered 59.53 (14) and amended to read:

59.53 (14) Victims and witnesses of crimes. Appropriate The board may appropriate money for the implementation and operation of a program under s. 950.06.

201,207 Section 207 . 59.07 (101) of the statutes is renumbered 59.62 and amended to read:

59.62 Investment authority delegation. (1) Delegate by resolution or ordinance The board may delegate to any officer or employe any authority assigned by law to the county board to invest county funds. Such ordinance The delegation shall provide that the officer or employe be bonded.

(2) The county board may impose any restriction on the delegation or exercise of authority delegated under this subsection deemed section considered desirable by the county board. If the county board delegates authority under this subsection section, the board shall periodically review the exercise of the delegated authority by the officer or employe.

201,208 Section 208 . 59.07 (102) of the statutes is renumbered 59.53 (9) and amended to read:

59.53 (9) Group homes. Own The board may own or operate group homes, as defined in s. 48.02 (7).

201,209 Section 209 . 59.07 (105) of the statutes is renumbered 59.56 (7) and amended to read:

59.56 (7) School attendance. Enact The board may enact and enforce an ordinance to impose a penalty, which is the same as that provided under s. 118.15 (5), upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with s. 118.15.

201,210 Section 210 . 59.07 (107) of the statutes is renumbered 59.54 (25) and amended to read:

59.54 (25) Possession of marijuana. Enact The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 (14), subject to the exceptions in s. 161.41 (3r), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection does not apply in any city, village or town municipality that has enacted an ordinance prohibiting the possession of marijuana.

201,211 Section 211 . 59.07 (109) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.54 (23) and amended to read:

59.54 (23) Public assistance; false representation. Enact The board may enact and enforce an ordinance to prohibit conduct that is the same as or similar to conduct that is prohibited by s. 49.95 (1) and provide a forfeiture for a violation of the ordinance.

201,212 Section 212 . 59.07 (111) of the statutes is renumbered 59.54 (24), and 59.54 (24) (intro.), as renumbered, is amended to read:

59.54 (24) Worthless payments issued to a county; underpayments and overpayments. (intro.) Enact The board may enact and enforce an ordinance that is the same as or similar to s. 20.905 to do any of the following:

201,213 Section 213 . 59.07 (120) of the statutes is renumbered 59.54 (26) and amended to read:

59.54 (26) Farm safety. Appropriate The board may appropriate money for or sponsor, or both, farm safety education, training or information programs.

201,214 Section 214. 59.07 (133) of the statutes is renumbered 59.70 (3) and amended to read:

59.70 (3) Recycling or resource recovery facilities. Establish The board may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13.

201,215 Section 215 . 59.07 (134) of the statutes is renumbered 59.70 (11) and amended to read:

59.70 (11) Acquisition of recycling or resource recovery facilities without bids. Contract The board may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under s. 59.08 59.52 (29) if the county board invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects.

201,216 Section 216 . 59.07 (135) of the statutes is renumbered 59.70 (2) and amended to read:

59.70 (2) Solid waste management. The county board of any county may establish and operate a solid waste management system or participate in such system jointly with other counties, cities, villages or towns or municipalities. Except in counties having a population of 500,000 or more, the county board or boards of supervisors of any a county or the boards of a combination of counties establishing a solid waste management system may create a solid waste management board to operate the system and such board, in any a county that does not combine with another county, shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of solid waste management, but not more than 5 of the board members may be appointed from the county board of supervisors. In any combination of counties, the solid waste management board shall be composed of 11 members with 3 additional members for each combining county in excess of 2. Appointments shall be made by the county boards of supervisors of the combining counties in a manner acceptable to the combining counties, but each of the combining counties may appoint to the solid waste management board not more than 3 members from its county board of supervisors. The term of office of any member of the solid waste management board shall be 3 years, but of the members first appointed, at least one-third shall be appointed for one year; at least one-third for 2 years; and the remainder for 3 years. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made. Any solid waste management board member may be removed from office by a two-thirds vote of the appointing authority. The solid waste management board may employ a manager for the system. The manager shall be trained and experienced in solid waste management. For the purpose of operating the solid waste management system, the solid waste management board may exercise the following powers:

(a) Develop plans a plan for a solid waste management system.

(b) Within such county or joint county, collect, transport, dispose of, destroy or transform wastes, including, without restriction limitation because of enumeration, garbage, ashes, or incinerator residue, municipal, domestic, agricultural, industrial and commercial rubbish, waste or refuse material, including explosives, pathological wastes, chemical wastes, herbicide and pesticide wastes.

(c) Acquire lands within the county by purchase, lease, donation or eminent domain, within the county, for use in the solid waste management system.

(d) Authorize employes or agents to enter upon lands to conduct reasonable and necessary investigations and tests to determine the suitability of sites for solid waste management activities whenever permission is obtained from the property owner.

(e) Acquire by purchase, lease, donation or eminent domain such easements or other limited interests in lands as that are desired or needed to assure compatible land uses in the environs of any site that is part of the solid waste disposal system.

(f) Establish operations and methods of waste management as that are deemed considered appropriate. Waste burial operations shall be in accordance with sanitary landfill methods and the sites shall, insofar as practicable, be restored and made suitable for attractive recreational or productive use upon completion of waste disposal operations.

(g) Acquire the necessary equipment, use such equipment and facilities of the county highway agency, and construct, equip and operate incinerators or other structures to be used in the solid waste management system.

(h) Adopt Enact and enforce ordinances necessary for the conduct of the solid waste management system and provide forfeitures for violations.

(i) Contract with private collectors or, transporters or municipalities to receive and dispose of wastes.

(j) Engage in, sponsor or cosponsor research and demonstration projects that are intended to improve the techniques of solid waste management or to increase the extent of reuse or recycling of materials and resources included within the wastes.

(k) Accept funds that are derived from state or federal grant or assistance programs and enter into necessary contracts or agreements.

(L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no town, city or village municipality which operates its own solid waste management program under s. 159.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.

(m) Make payments to any municipality in which county disposal sites or facilities are located to cover the reasonable costs of services that are rendered to such sites or facilities.

(n) Charge or assess reasonable fees, approximately commensurate with the costs of services rendered to persons using the services of the county solid waste management system. Fees The fees may include a reasonable charge for depreciation which shall create a reserve for future capital outlays for waste disposal facilities or equipment. All assessments for liquid waste shall be assessed by volume.

(o) Districts may be created and Create service districts which provide different types of solid waste collection or disposal services provided within them and different. Different regulations and cost allocations may be applied to each service district. Costs allocated to such service districts may be provided by general tax upon the property of the respective districts or by allocation of charges to the cities, villages or towns municipalities whose territory is included within such districts.

(p) Utilize or dispose of by sale or otherwise any and all products or by-products of the solid waste management system.

(q) Impose fees, in addition to the fees imposed under ch. 144, upon persons who dispose of solid waste at publicly owned solid waste disposal sites in the county for the purpose of cleaning up closed or abandoned solid waste disposal sites within the county, subject to all of the following conditions:

1. The fees are based on the amount of solid waste that is disposed of by each person.

2. The fees may not exceed 20% of the amount that is charged for the disposal of the solid waste.

3. The effective date of the fees and any increase in the fees is January 1 and such effective date is at least 120 days after the date on which the board adopts the fee increase.

4. The cleanup of the site is conducted under the supervision of the department of natural resources.

5. The county board of supervisors may prevent the implementation of, or may terminate, fees imposed by the solid waste management board.

201,217 Section 217 . 59.07 (136) of the statutes is renumbered 59.53 (13) and amended to read:

59.53 (13) Subsidy of abortions restricted. No county, or agency or subdivision of the county , may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

201,218 Section 218 . 59.07 (137) of the statutes is renumbered 59.70 (7) and amended to read:

59.70 (7) Soil conservation. May The board may contract to do soil conservation work on privately owned land either directly or through a committee designated by it.

201,219 Section 219 . 59.07 (137m) of the statutes, as created by 1995 Wisconsin Act 130, is renumbered 59.70 (8m) and amended to read:

59.70 (8m) Harbor improvement. Establish The board may establish, own, operate, lease, equip and improve harbor facilities on land owned by the county that is located in this state or in another state, subject to the laws of the state in which the land is located, and may appropriate money for the activities specified in this subsection.

201,220 Section 220 . 59.07 (139) of the statutes is renumbered 59.70 (9) and amended to read:

59.70 (9) Improvement of artificial lakes. Appropriate The board may appropriate money for the purpose of maintaining, dredging and improving any artificial lake existing on July 1, 1955, all or a portion of which is adjacent to or within a county park, and for the acquisition of land required in connection therewith.

201,221 Section 221 . 59.07 (140) of the statutes is renumbered 59.70 (8) and amended to read:

59.70 (8) Inland lake protection and rehabilitation. May The board may establish an inland lake protection and rehabilitation program and may create, develop and implement inland lake protection and rehabilitation projects similar to projects which an inland lake protection and rehabilitation district is authorized to create, develop and implement under ch. 33. As used in In this subsection, “lake rehabilitation", “program", “ project" and “lake" have the meanings specified under s. 33.01 (4), (6), (7) and (8), respectively.

201,222 Section 222 . 59.07 (141) of the statutes is renumbered 59.54 (12) and amended to read:

59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a county board may enter into an agreement and seek funding under s. 165.90.

201,223 Section 223 . 59.07 (143) (title) of the statutes is renumbered 59.79 (7) (title) and amended to read:

59.79 (7) (title) Milwaukee lakefront Lakefront parking facility.

201,224 Section 224 . 59.07 (143) (intro.) of the statutes is repealed.

201,225 Section 225 . 59.07 (143) (a) and (b) of the statutes are renumbered 59.79 (7) (a) and (b) and amended to read:

59.79 (7) (a) Contract with the state to utilize use and pay reasonable charges for the utilization use of all or a portion of the parking facility authorized under s. 13.485 and to guaranty all or a portion of the debt service for revenue obligations issued under s. 13.485 as compensation for benefits to be derived by the county and the public from the facility funded by the issuance.

(b) Take any action that is necessary to facilitate contracting with the state under par. (a), including the levying of any direct annual tax for that purpose.

201,226 Section 226 . 59.07 (144) of the statutes is renumbered 59.54 (11) and amended to read:

59.54 (11) Safety at sporting events. Enact The board may enact and enforce an ordinance to prohibit conduct which is the same as conduct prohibited by s. 167.32 and provide a forfeiture for a violation of the ordinance.

201,227 Section 227 . 59.07 (145) of the statutes is renumbered 59.54 (10) and amended to read:

59.54 (10) Neighborhood watch sign approval. Approve The board may approve the placement, by a town board, of a neighborhood watch sign under s. 60.23 (17m) within the right-of-way of a county trunk highway.

201,228 Section 228 . 59.07 (146) of the statutes is renumbered 59.54 (8), and 59.54 (8) (a) 1. to 4. and (b) 1. and 2., as renumbered, are amended to read:

59.54 (8) (a) 1. Create a local emergency planning committee, with members as specified in 42 USC 11001 (c), which shall have the powers and the duties established for such committees under 42 USC 11000 to 11050 and under ss. 166.20 and 166.21.

2. Control all expenditures by any the committee that is created under this paragraph.

3. Within the availability of state funds, take all actions that are necessary to ensure that the committee created under this paragraph properly executes the duties of a local emergency planning committee under 42 USC 11000 to 11050 and under ss. 166.20 and 166.21.

4. At least annually, submit to the state emergency response board a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.

(b) 1. Appropriate funds for the operation of the committee that is created under par. (a).

2. Implement programs and undertake activities which are designed to prepare the county to cope with emergencies involving the accidental release of hazardous substances and which are consistent with, but in addition to, the minimum requirements of s. 166.20 and 42 USC 11000 to 11050.

201,229 Section 229 . 59.07 (147) of the statutes is renumbered 59.53 (7) and amended to read:

59.53 (7) Integrated service program for children with severe disabilities. Establish The board may establish a program of integrated services for children with severe disabilities under s. 46.56.

201,230 Section 230 . 59.07 (149) of the statutes is renumbered 59.82, and 59.82 (1), (2) (intro.) and (d), (3) and (4), as renumbered, are amended to read: