2015 Wisconsin Act 55

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.

55,1941 Section 1941. 61.189 (2) of the statutes is amended to read:

61.189 (2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of state administration 4 copies of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 certified copies of a plat thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of state administration. Two copies of the certification and plat shall be forwarded by the secretary of state administration to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.

55,1943d Section 1943d. 61.353 (3) (intro.) of the statutes is amended to read:

61.353 (3) (intro.) A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

55,1943e Section 1943e. 61.353 (3) (c) and (d) of the statutes are repealed.

55,1945 Section 1945. 62.02 of the statutes is amended to read:

62.02 Repeal of special charters. All special charters for cities of the 2nd, 3rd and 4th classes are hereby repealed and such cities are hereby incorporated under this subchapter. The city clerk shall forthwith certify the boundaries of such city to the secretary of state administration, who shall file the same and issue to such city a certificate of incorporation as of the date when this subchapter became effective, and record the same.

55,1946 Section 1946. 62.075 (5) of the statutes is amended to read:

62.075 (5) Notice of entry of judgment; upon whom served. A certified copy of every such order shall be filed with the town and city clerk and with the county clerk and 4 copies with the secretary of state administration. The secretary of state administration shall forward 2 copies to the department of transportation and one copy to the department of revenue.

55,1947d Section 1947d. 62.233 (3) (intro.) of the statutes is amended to read:

62.233 (3) (intro.) A city ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

55,1947e Section 1947e. 62.233 (3) (c) and (d) of the statutes are repealed.

55,1948d Section 1948d. 62.26 (7) of the statutes is amended to read:

62.26 (7) Change of city name. The name of any city of the fourth class shall be changed if a majority of the electors shall address a written petition therefor to the council designating the new name, and the council shall by a two-thirds vote of all the members adopt an ordinance changing to such new name. The change shall be in effect upon publication of the ordinance in the official paper, and the filing of a copy thereof in the office of with the secretary of state administration.

55,1948f Section 1948f. 62.53 of the statutes is created to read:

62.53 Real property used for school purposes; 1st class cities. Beginning on the effective date of this section .... [LRB inserts date], the lessor of any lease entered into between a 1st class city and a school district operating under subch. I of ch. 119 and involving the use of city-owned real property for school purposes shall do the following:

(1) Provide for the superintendent of schools, on behalf of the superintendent of schools opportunity schools and partnership program under s. 119.33, to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.33 (2) (c) of the school using the land, buildings, and facilities to the superintendent of schools opportunity schools and partnership program under s. 119.33.

(2) Provide for the commissioner of the opportunity schools and partnership program under subch. II of ch. 119 to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.9002 (3) of the school using the land, buildings, and facilities to the opportunity schools and partnership program under subch. II of ch. 119.

55,1948L Section 1948L. 62.624 of the statutes is created to read:

62.624 Employee retirement system of a 1st class city; duty disability benefits for a mental injury. (1) If an employee retirement system of a 1st class city 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.

(2) If an employee retirement system of a 1st class city 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.

(3) This section applies to participants in an employee retirement system of a 1st class city who first apply for duty disability benefits for a mental injury on or after the effective date of this subsection .... [LRB inserts date].

55,1948p Section 1948p. 63.23 (1) of the statutes is amended to read:

63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which in the judgment of the commission are substantially the same with respect to authority, responsibility and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

55,1948y Section 1948y. 66.0129 (5) of the statutes is amended to read:

66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Sections Section 66.0901 and 66.0903 apply applies to bids and contracts under this subsection.

55,1949b Section 1949b. 66.0133 (1) (a) of the statutes is amended to read:

66.0133 (1) (a) "Energy conservation measure" means a facility alteration or training, service, or operations program designed to reduce energy consumption or operating costs, conserve water resources, improve metering accuracy, or ensure state or local building code compliance.

55,1949c Section 1949c. 66.0133 (1) (bg) of the statutes is created to read:

66.0133 (1) (bg) "Operational savings" means savings from costs eliminated or avoided as a result of installing equipment or providing services.

55,1949d Section 1949d. 66.0133 (1) (c) of the statutes is amended to read:

66.0133 (1) (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more of these measures.

55,1949e Section 1949e. 66.0133 (1) (d) of the statutes is amended to read:

66.0133 (1) (d) "Qualified provider" means a person, other than a local governmental unit, who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

55,1949f Section 1949f. 66.0133 (2) (a) of the statutes is renumbered 66.0133 (2) (a) 1. and amended to read:

66.0133 (2) (a) 1. Any Except as provided under subd. 2., any local governmental unit may, in accordance with this section, enter into a performance contract with a qualified provider to reduce energy or operating costs, realize operational savings, conserve water resources, ensure state or local building code compliance, or enhance the protection of property of the local governmental unit.

55,1949g Section 1949g. 66.0133 (2) (a) 2. of the statutes is created to read:

66.0133 (2) (a) 2. A performance contract with a qualified provider under this section may not allow a local governmental unit to increase the square footage of a facility unless the increase is necessary to make mechanical, electrical, or plumbing improvements in order to achieve reductions in energy consumption or to conserve water resources.

55,1949h Section 1949h. 66.0133 (2) (b) of the statutes is amended to read: