Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,495,20 852. Page 660, line 5: after that line insert:

SB55-ASA1-AA1,495,21 " Section 1994p. 59.20 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,496,6 59.20 (3) (c) Any board may, by ordinance, provide that the cut-off reception time for the filing and recording of documents shall be advanced by one-half one hour in any official business day during which time the register of deeds office is open to the public, in order to complete the processing, recording , and indexing to conform to the day of reception. Any register of deeds may provide in his or her notice under s. 19.34 (1) that requests for inspection or copying of the records of his or her office may be made only during a specified period of not less than 35 hours per week. For all other purposes, the register of deeds office shall remain open to the public during usual business hours.".

SB55-ASA1-AA1,496,7 853. Page 660, line 5: after that line insert:

SB55-ASA1-AA1,496,8 " Section 1994d. 59.05 (2) of the statutes is amended to read:

SB55-ASA1-AA1,496,20 59.05 (2) If two-fifths of the legal voters of any county, to be determined by the registration or poll lists of the last previous general election held in the county, the names of which voters shall appear on some one of the registration or poll lists of such election, present to the board a petition conforming to the requirements of s. 8.40 asking for a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The board shall file the question as provided in s. 8.37. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be "Shall the county seat of .... county be removed to ....? ".."".

SB55-ASA1-AA1,496,21 854. Page 660, line 5: after that line insert:

SB55-ASA1-AA1,496,22 " Section 10994m. 59.08 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,497,9 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in a date specified in the order which shall be no sooner than 45 days after the date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties as provided in s. 8.37. If the question of consolidation is submitted at a special election, it shall be held not less than 42 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.".

SB55-ASA1-AA1,497,10 855. Page 660, line 5: after that line insert:

SB55-ASA1-AA1,497,11 " Section 1994m. 59.08 (9) of the statutes is amended to read:

SB55-ASA1-AA1,497,18 59.08 (9) The ballot shall have on the back or reverse side the endorsements provided by law for ballots for general elections and shall be marked , punched or labeled by the elector and counted and canvassed as other ballots cast on questions in the county are counted and canvassed. The election shall be conducted by the same officers and in the same manner as are other elections in the county. The results of the election shall be certified to the judges of the circuit courts for the counties.".

SB55-ASA1-AA1,497,19 856. Page 664, line 6: after that line insert:

SB55-ASA1-AA1,497,20 " Section 1997t. 59.43 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,498,19 59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. The register of deeds shall record and file or cause to be recorded and filed all plats and certified survey maps that are authorized to be accepted for recording and filing in his or her office. The register of deeds shall maintain a separate index for recording conservation easements, as defined in s. 700.40 (1) (a). Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).".

SB55-ASA1-AA1,498,20 857. Page 665, line 7: after that line insert:

SB55-ASA1-AA1,498,21 " Section 2001pr. 59.52 (4) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,498,23 59.52 (4) (a) 3. Records of bounty claims that are forwarded to the department of natural resources fish, wildlife, parks, and forestry, after one year.

SB55-ASA1-AA1, s. 2001pt Section 2001pt. 59.52 (6) (e) of the statutes is amended to read:

SB55-ASA1-AA1,499,14 59.52 (6) (e) Leases to department of natural resources fish, wildlife, parks, and forestry. Lease lands owned by the county to the department of natural resources fish, wildlife, parks, and forestry for game management purposes. Lands so leased shall not be eligible for entry under s. 28.11. Of the rental paid by the state to the county for lands so leased, 60% shall be retained by the county and 40% shall be paid by the county to the town in which the lands are located and of the amount received by the town, 40% shall be paid by the town to the school district in which the lands are located. The amount so paid by a town to a joint school district shall be credited against the amount of taxes certified for assessment in that town by the clerk of the joint school district under s. 120.17 (8), and the assessment shall be reduced by such amount. In case any leased land is located in more than one town or school district the amounts paid to them shall be apportioned on the basis of area. This paragraph shall not affect the distribution of rental moneys received on leases executed before June 22, 1955.".

SB55-ASA1-AA1,499,15 858. Page 665, line 20: after that line insert:

SB55-ASA1-AA1,499,16 " Section 2002j. 59.54 (27) of the statutes is created to read:

SB55-ASA1-AA1,499,18 59.54 (27) Religious organizations; contract powers. (a) Definition. In this subsection, "board" includes any department, as defined in s. 59.60 (2) (a).

SB55-ASA1-AA1,500,2 (b) General purpose and authority. The purpose of this subsection is to allow the board to contract with, or award grants to, religious organizations, under any program administered by the county dealing with delinquency and crime prevention or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

SB55-ASA1-AA1,500,12 (c) Nondiscrimination against religious organizations. If the board is authorized to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the board so long as the programs are implemented consistently with the first amendment to the U.S. Constitution and article I, section 18, of the Wisconsin constitution. Except as provided in par. (L), the board may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

SB55-ASA1-AA1,500,16 (d) Religious character and freedom. 1. The board shall allow a religious organization with which the board contracts or to which the board awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.

SB55-ASA1-AA1,500,19 2. The board may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.

SB55-ASA1-AA1,500,25 (e) Rights of beneficiaries of assistance. 1. If the board contracts with, or awards grants to, a religious organization for the provision of crime prevention or offender rehabilitation assistance under a program administered by the board, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.

SB55-ASA1-AA1,501,6 2. The board shall provide an individual who is otherwise eligible for assistance from an organization described under subd. 1. with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under subd. 1. and requests assistance from a nonreligious provider. The board shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.

SB55-ASA1-AA1,501,10 (g) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the board on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.

SB55-ASA1-AA1,501,15 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious organization that contracts with or receives a grant from the board is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.

SB55-ASA1-AA1,501,18 2. If the religious organization segregates funds provided under programs administered by the board into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

SB55-ASA1-AA1,501,21 (i) Compliance. Any party that seeks to enforce its rights under this subsection may bring a civil action for injunctive relief against the entity that allegedly commits the violation.

SB55-ASA1-AA1,501,24 (j) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the board may be expended for sectarian worship, instruction, or proselytization.

SB55-ASA1-AA1,502,7 (k) Certification of compliance. Every religious organization that contracts with or receives a grant from the county board to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of pars. (g) and (j) and submit to the board a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under pars. (g) and (j).

SB55-ASA1-AA1,502,10 (L) Preemption. Nothing in this subsection may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.".

SB55-ASA1-AA1,502,11 859. Page 667, line 19: after that line insert:

SB55-ASA1-AA1,502,12 " Section 2002tp. 59.69 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,502,23 59.69 (3) (a) The Subject to s. 60.23 (32), the county zoning agency may direct the preparation of a county development plan or parts thereof for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.0295 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 66.0295 (2).

SB55-ASA1-AA1, s. 2002tq Section 2002tq. 59.69 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,503,5 59.69 (3) (b) The development plan shall include the master plan, if any, of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any, of such city or village, that was adopted under s. 62.23 (6) in the county, without change. The development plan shall also include, and integrate, the master plan and the official map of a town that was adopted under s. 60.62 (5) (a), without change.".

SB55-ASA1-AA1,503,6 860. Page 667, line 19: after that line insert:

SB55-ASA1-AA1,503,7 " Section 2002tm. 59.605 (3) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,503,20 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 42 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.".

SB55-ASA1-AA1,503,21 861. Page 667, line 19: after that line insert:

SB55-ASA1-AA1,503,22 " Section 2002ts. 59.69 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,504,3 59.69 (3) (c) The development plan may be in the form of descriptive material, reports, charts, diagrams, or maps, and shall indicate any effect it will have on changing the allowable use of any property.. Each element of the development plan shall describe its relationship to other elements of the plan and to statements of goals, objectives, principles, policies, or standards.".

SB55-ASA1-AA1,504,4 862. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,504,5 " Section 2002xc. 59.692 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,504,7 59.692 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xg Section 2002xg. 59.693 (1) of the statutes is amended to read:

SB55-ASA1-AA1,504,10 59.693 (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xn Section 2002xn. 59.70 (2) (q) 4. of the statutes is amended to read:

SB55-ASA1-AA1,504,13 59.70 (2) (q) 4. The cleanup of the site is conducted under the supervision of the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xr Section 2002xr. 59.70 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,504,16 59.70 (6) (a) 1. "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xw Section 2002xw. 59.70 (13) (b) of the statutes is amended to read:

SB55-ASA1-AA1,505,4 59.70 (13) (b) Members or employees of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employee shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employees may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources environmental management. The commission shall notify the property owner of any pending action under this paragraph and shall provide the property owner with a hearing prior to acting under this paragraph if the owner objects to the commission's actions.".

SB55-ASA1-AA1,505,5 863. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,505,6 " Section 2002wg. 59.69 (5) (c) of the statutes is amended to read:

SB55-ASA1-AA1,505,17 59.69 (5) (c) A county ordinance enacted under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. The ordinance shall become effective in the town as of the date of the filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62. A town board may withdraw from coverage of a county zoning ordinance as provided under s. 60.23 (32).

SB55-ASA1-AA1, s. 2002wk Section 2002wk. 59.69 (5m) of the statutes is created to read:

SB55-ASA1-AA1,505,23 59.69 (5m) Termination of county zoning and development plan. (a) Subject to par. (b), at any time after December 31, 2004, a county board may enact an ordinance to repeal all of its zoning ordinances enacted under this section and its development plan enacted under this section if it so notifies, in writing, all of the towns that are subject to its zoning ordinances and development plan.

SB55-ASA1-AA1,506,3 (b) An ordinance enacted under par. (a) shall have a delayed effective date of one year. No county board may repeal under this subsection a county shoreland zoning or floodplain zoning ordinance.".

SB55-ASA1-AA1,506,4 864. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,506,5 " Section 2002x. 59.692 (1) (ag) of the statutes is created to read:

SB55-ASA1-AA1,506,7 59.692 (1) (ag) "Setback distance" means the linear distance landward from the ordinary high-water mark that is used in determining a shoreland setback area.

SB55-ASA1-AA1, s. 2002y Section 2002y. 59.692 (1p) of the statutes is created to read:

SB55-ASA1-AA1,506,19 59.692 (1p) If the department promulgates a shoreland zoning standard that establishes a setback distance or if a county as part of an ordinance enacted under this section establishes a setback distance, an ordinance enacted under this section may allow that a landowner, upon the landowner's request, use an alternative setback distance in determining the shoreland setback area for the landowner's parcel of land. To be able to use the alternative setback distance, the parcel of land must be located between 2 abutting parcels of land, at least one of which has a setback distance that is different, due to a nonconforming use or other exemption, from the setback distance established by rule or by ordinance. The alternative setback distance shall be the average of the 2 setback distances of the abutting parcels.

SB55-ASA1-AA1, s. 2002ym Section 2002ym. 59.692 (7) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,506,23 59.692 (7) (a) 1. The city or village enacts, administers and enforces a zoning ordinance, for the annexed area, that complies with the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.

SB55-ASA1-AA1, s. 2002yp Section 2002yp. 59.692 (7) (ad) 1. of the statutes is amended to read:

SB55-ASA1-AA1,507,3 59.692 (7) (ad) 1. The city or village enacts, administers and enforces a zoning ordinance that complies with the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.

SB55-ASA1-AA1, s. 2002yr Section 2002yr. 59.692 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,507,14 59.692 (7) (b) If the department determines that a zoning ordinance enacted by a city or village under par. (a) 1. or (ad) 1. does not meet the shoreland zoning standards or is not as restrictive as the county shoreland zoning ordinance, the department shall, after providing notice and conducting a hearing on the matter, either issue an order declaring the city or village ordinance void and reinstating the applicability of the county shoreland zoning ordinance to the annexed or incorporated area or issue an order declaring the city or village ordinance void and adopting an ordinance for the annexed or incorporated area for the city or village that does meet the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.".

SB55-ASA1-AA1,507,15 865. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,507,16 " Section 2002y. 59.692 (1rm) of the statutes is created to read:

SB55-ASA1-AA1,507,21 59.692 (1rm) An ordinance under this section may not prohibit or limit repairs or improvements of a building or structure that is located in a shoreland setback area and that is in existence on the effective date of this subsection .... [revisor inserts date], if the repair or improvement does not alter the footprint of the building or is conducted in an area where construction is permitted under the ordinance.".

SB55-ASA1-AA1,507,22 866. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,507,23 " Section 2002we. 59.69 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,508,10 59.69 (5) (a) When the county zoning agency has completed a draft of a proposed zoning ordinance, it shall hold a public hearing thereon, following publication in the county of a class 2 notice, under ch. 985. If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the zoning agency. After such hearing the agency may make such revisions in the draft as it considers necessary, or it may submit the draft without revision to the board with recommendations for adoption. Proof of publication of the notice of the public hearing held by such agency shall be attached to its report to the board.

SB55-ASA1-AA1, s. 2002wh Section 2002wh. 59.69 (5) (e) 2. of the statutes is amended to read:

SB55-ASA1-AA1,508,23 59.69 (5) (e) 2. Upon receipt of the petition by the agency it shall call a public hearing on the petition. Notice of the time and place of the hearing shall be given by publication in the county of a class 2 notice, under ch. 985. If an amendment to an ordinance, as described in the petition, has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the zoning agency. A copy of the notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. If the petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the agency shall mail a copy of the notice to the owner or operator of the airport bordered by the airport affected area.

SB55-ASA1-AA1, s. 2002wi Section 2002wi. 59.69 (5) (f) of the statutes is created to read:

SB55-ASA1-AA1,509,11 59.69 (5) (f) The county zoning agency shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment, or any amendment of a development plan under sub. (3), that affects the allowable use of the person's property. If the county zoning agency completes a draft of a proposed zoning ordinance under par. (a), if the agency receives a petition under par. (e) 2., or if the agency acts under sub. (3), the agency shall send a notice, which contains a copy of the proposed ordinance, petition, or plan to each person on the list. The notice shall be by mail, electronic mail or in any reasonable form that is agreed to by the person and the agency. The agency may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.".

SB55-ASA1-AA1,509,12 867. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,509,13 " Section 2003ws. 59.694 (7) (c) of the statutes is amended to read:

SB55-ASA1-AA1,509,22 59.694 (7) (c) To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. A property owner may establish "unnecessary hardship", as that term is used in this paragraph, by demonstrating that strict compliance with an area zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome.".

SB55-ASA1-AA1,509,23 868. Page 669, line 11: after that line insert: