Wisconsin Legislature: 227,199

227,185 Section 185 . 33.26 (3) of the statutes is amended to read:

33.26 (3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this subsection. If the board finds, after consideration of the committee's report and any other evidence submitted to the board, that the petition is signed by the requisite owners as provided in s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, that the property to be included in the district will be benefited by the establishment thereof, and that formation of the proposed district will not cause or contribute to long-range environmental pollution as defined in s. 144.01 (3) 299.01 (4), the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. Thereupon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chapter. If the board does not so find, the board, by order, shall declare its findings and deny the petition.

227,186 Section 186 . 33.457 (4) (intro.) of the statutes is amended to read:

33.457 (4) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department and the designated planning agency under s. 144.235 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 144.235 281.51 and whether the plan is adequate to:

227,187 Section 187 . 36.25 (3m) (a) of the statutes is amended to read:

36.25 (3m) (a) In this subsection, “solid waste disposal" has the meaning given in s. 144.43 (4r) 289.01 (34).

227,188 Section 188 . 36.25 (30) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

36.25 (30) Hazardous pollution prevention program. (intro.) The board shall establish in the extension a hazardous pollution prevention program to promote hazardous pollution prevention, as defined in s. 144.955 299.13 (1) (c). In cooperation with the department of natural resources, the department of commerce and the hazardous pollution prevention council, the program shall do all of the following:

227,189 Section 189 . 36.25 (30g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

36.25 (30g) Recycling market development program. The board shall establish in the extension, in cooperation with the recycling market development board, a program of education and technical assistance related to recycling market development. The program shall serve waste generators, as defined in s. 159.40 287.40 (4); solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

227,190 Section 190 . 42.05 (1) and (2) of the statutes are amended to read:

42.05 (1) Except during the annual state fair and at other times between 8 a.m. and 10 p.m., every motor vehicle, as defined in s. 159.15 287.15 (1) (e), that is used at state fair park in racing competition or practice shall be equipped with a muffler which, at all times, shall be in good working condition sufficient to prevent excessive or unusual noise.

(2) It is unlawful to operate, or for the state fair park board to permit to be operated, at state fair park in racing competition or practice except during the period specified in sub. (1), any motor vehicle, as defined in s. 159.15 287.15 (1) (e), with the muffler or cutout open.

227,191 Section 191 . 46.255 (7) of the statutes is amended to read:

46.255 (7) The department may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d), 281.65 (8) (L) or 949.08 (2) (g).

227,192 Section 192 . 46.34 of the statutes is amended to read:

46.34 Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under s. 144.375 (5) 285.27 (2) (b).

227,193 Section 193 . 50.05 (15) (d) of the statutes is amended to read:

50.05 (15) (d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.

227,194 Section 194 . 59.067 (1) (b) of the statutes is amended to read:

59.067 (1) (b) “Private well" has the meaning specified by rule by the department under s. 162.07 280.21 (2).

227,195 Section 195 . 59.067 (1) (c) of the statutes is amended to read:

59.067 (1) (c) “Well" has the meaning specified under s. 162.02 280.01 (6).

227,196 Section 196 . 59.067 (2) of the statutes is amended to read:

59.067 (2) Permits. If authorized by the department under s. 162.07 280.21 (1), a county may adopt and enforce a well construction or pump installation ordinance or both. Provisions of the ordinance shall be in strict conformity with ch. 162 280 and with rules of the department under ch. 162 280. The ordinance may require that a permit be obtained before construction, installation, reconstruction or rehabilitation of a private well or installation or substantial modification of a pump on a private well, other than replacement of a pump with a substantially similar pump. The county may establish a schedule of fees for issuance of the permits and for related inspections. The department, under s. 162.07 280.21 (4), may revoke the authority of a county to enforce its ordinance if the department finds that the ordinance or enforcement of the ordinance does not conform to ch. 162 280 and rules of the department under ch. 162 280.

227,197 Section 197 . 59.067 (3) of the statutes is amended to read:

59.067 (3) Existing wells. With the approval of the department under s. 162.07 280.21 (1), a county may adopt and enforce an ordinance in strict conformity with ch. 162 280 and with department rules under ch. 162 280, as they relate to existing private wells. The department, under s. 162.07 280.21 (4), may revoke the authority of a county to enforce its ordinance if the department finds that the ordinance or enforcement of the ordinance does not conform to ch. 162 280 and rules of the department under ch. 162 280.

227,198 Section 198 . 59.067 (5) of the statutes is amended to read:

59.067 (5) Other municipalities. No city, village or town may adopt or enforce an ordinance regulating matters covered by ch. 162 280 or by department rules under ch. 162 280.

227,199 Section 199 . 59.07 (133) of the statutes is amended to read:

59.07 (133) Recycling or resource recovery facilities. 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. 159.13 287.13.

227,200 Section 200 . 59.07 (135) (L) of the statutes is amended to read:

59.07 (135) (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 which operates its own solid waste management program under s. 159.09 287.09 (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.

227,201 Section 201 . 59.07 (135) (q) (intro.) of the statutes is amended to read:

59.07 (135) (q) (intro.) Impose fees, in addition to fees imposed under ch. 144 289, 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:

Note: The cross-reference to ch. 144 is overly inclusive. Only ss. 144.43 to 144.47 of ch. 144 relate to imposing fees on persons who dispose of solid waste. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 289.

227,202 Section 202 . 59.20 (5) (b) of the statutes is amended to read:

59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

227,203 Section 203 . 59.395 (5) of the statutes is amended to read:

59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

227,204 Section 204 . 59.51 (17) of the statutes is amended to read:

59.51 (17) Record and index writings submitted according to s. 144.44 (4) (b) 289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.

227,205 Section 205 . 59.97 (9) (b) of the statutes is amended to read:

59.97 (9) (b) This subsection does not apply to land subject to a town zoning ordinance which is purchased by the county for use as a solid or hazardous waste disposal facility or hazardous waste storage or treatment facility, as these terms are defined under s. 144.43 289.01.

227,206 Section 206 . 59.971 (1) (b) (intro.), (1m), (4) (a) and (7) (ag) of the statutes are amended to read:

59.971 (1) (b) (intro.) “Shorelands" means the area within the following distances from the ordinary high-water mark of navigable waters, as defined under s. 144.26 281.31 (2) (d):

(1m) To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under s. 59.97.

(4) (a) Section 66.30 applies to this section, except that for the purposes of this section any agreement under s. 66.30 shall be effected by ordinance. If the municipalities as defined in s. 144.26 281.31 are served by a regional planning commission under s. 66.945, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.

(7) (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements associated with those uses and that are not necessary to effect the purposes of s. 144.26 281.31 (1) that relate to the protection of navigable waters.

227,207 Section 207 . 59.974 (2) and (8) of the statutes are amended to read:

59.974 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.97.

(8) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).

227,208 Section 208 . 60.54 (1) of the statutes is amended to read:

60.54 (1) The town board may designate any town highway which provides reasonable access to a solid waste disposal site or facility licensed under s. 144.44 289.31 as appropriate for the transportation of solid waste into, within or through the town for the purpose of disposing of the waste at the site or facility and may prohibit the use of other town highways for that purpose.

227,209 Section 209 . 60.627 (2) (a) and (7) of the statutes are amended to read:

60.627 (2) (a) To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 60.62.

(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).

227,210 Section 210 . 60.70 (7) of the statutes is amended to read:

60.70 (7) “Solid waste" has the meaning given under s. 144.01 (15) 289.01 (33).

227,211 Section 211 . 60.70 (8) of the statutes is amended to read:

60.70 (8) “Solid waste disposal" has the meaning given under s. 144.43 (4r) 289.01 (34).

227,212 Section 212 . 60.70 (11) of the statutes is amended to read:

60.70 (11) “Waters of the state" has the meaning given under s. 144.01 (19) 281.01 (18).

227,213 Section 213 . 61.345 of the statutes is amended to read:

61.345 Recycling or resource recovery facilities. A village 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. 159.13 287.13.

227,214 Section 214 . 61.351 (3) of the statutes is amended to read:

61.351 (3) Adoption of ordinance. To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

227,215 Section 215 . 61.351 (6) of the statutes is amended to read:

61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,216 Section 216 . 61.354 (2) and (7) of the statutes are amended to read:

61.354 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35.

227,217 Section 217 . 61.55 of the statutes is amended to read:

61.55 Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

227,218 Section 218 . 62.15 (1b) of the statutes is amended to read:

62.15 (1b) Exception as to public emergency. The provisions of sub. (1) and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board of public works or board of public utility commissioners, in which the public health or welfare of the city is endangered. Whenever the city council determines by majority vote at a regular or special meeting that an emergency no longer exists, this subsection no longer applies.

227,219 Section 219 . 62.225 of the statutes is amended to read:

62.225 Recycling or resource recovery facilities. A city 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. 159.13 287.13.

227,220 Section 220. 62.231 (3) and (6) of the statutes are amended to read:

62.231 (3) Adoption of ordinance. To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

(6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a city adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,221 Section 221 . 62.234 (2) and (7) of the statutes are amended to read:

62.234 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23.

227,222 Section 222 . 66.023 (7) of the statutes, as affected by 1995 Wisconsin Act 35, is amended to read:

66.023 (7) Other boundary procedures. (a) Other procedures after hearing. After the joint hearing under sub. (4) (b) is held, no other procedure, except the procedure under s. 144.07 281.43 (1m), for altering a municipality's boundaries may be used to alter a boundary included in the proposed cooperative plan under sub. (3) (d) 1. until the boundary is no longer included in the proposed cooperative plan, the municipality withdraws from the proposed cooperative plan or the proposed cooperative plan fails to receive approval from the department, whichever occurs first.

(b) Other boundary procedures during the planning period. During the planning period specified under sub. (3) (f), no other procedure for altering a municipality's boundaries may be used to alter a boundary that is included in the cooperative plan under sub. (3) (d) 1., except if an annexation is conducted under s. 144.07 281.43 (1m), regardless of whether the boundary is proposed to be maintained or changed or is allowed to be changed under the plan. After the planning period has expired, the boundary may be altered.

227,223 Section 223 . 66.038 (1) (a) of the statutes is amended to read:

66.038 (1) (a) “Environmental pollution" has the meaning specified under s. 144.01 (3) 299.01 (4).