SB639,366,23
17114.135 Airport protection. (intro.) It is declared to be in the public interest
18that the navigable airspace over the state and the aerial approaches to any airport
19be maintained in a condition best suited for the safe operation of aircraft and to that
20end the bulk, height, location and use of any building or structure, or any other
21object, and the use of land, may be regulated, or any building, structure or other
22object may be removed. It is the legislative intent that this section shall not
23supersede s.
59.97 59.69 (4), but that it shall be supplemental to such section.
SB639, s. 580
24Section
580. 115.86 (5) (c) of the statutes is amended to read:
SB639,367,5
1115.86
(5) (c) If the county board of supervisors establishes an integrated
2service program for children with severe disabilities under s.
59.07 (147) 59.53 (7),
3the county handicapped children's education board shall participate in an integrated
4service program for children with severe disabilities under s.
59.07 (147) 59.53 (7),
5and may enter into written interagency agreements or contracts under the program.
SB639, s. 581
6Section
581. 115.86 (9) (c) of the statutes is amended to read:
SB639,367,167
115.86
(9) (c) Upon the adoption of a resolution by a majority of the school
8boards that are located in whole or in part in the county and are participating in the
9county program under sub. (2) (c), this subsection shall not apply commencing on the
10effective date of the resolution. A resolution adopted under this paragraph between
11January 1 and June 30 in any year shall be effective on January 1 of the year
12commencing after its adoption. A resolution adopted under this paragraph between
13July 1 and December 31 in any year shall be effective on January 1 of the 2nd year
14commencing after its adoption. In the year in which the resolution is effective, the
15county budget under s.
59.84 59.60 or 65.90 shall include a line item for the special
16education program.
SB639, s. 582
17Section
582. 116.03 (13m) of the statutes is amended to read:
SB639,367,2218
116.03
(13m) If the county board of supervisors establishes an integrated
19service program for children with severe disabilities under s.
59.07 (147) 59.53 (7),
20participate in an integrated service program for children with severe disabilities
21under s.
59.07 (147) 59.53 (7) and may enter into written interagency agreements or
22contracts under the program.
SB639, s. 583
23Section
583. 118.162 (1) (intro.) of the statutes is amended to read:
SB639,368,624
118.162
(1) (intro.) On July 1, 1988, in each county, the superintendent of the
25school district which contains the county seat designated under s.
59.11 59.05, or his
1or her designee, shall convene a committee under this section. At its first meeting,
2the committee shall elect a chairperson, vice chairperson and secretary. Not later
3than February 1, 1989, the committee shall make recommendations to the school
4boards of all of the school districts in the county on the items to be included in the
5districts' truancy plans under sub. (4). The committee shall consist of the following
6members:
SB639, s. 584
7Section
584. 120.12 (19) of the statutes is amended to read:
SB639,368,128
120.12
(19) Integrated service program. If the county board of supervisors
9establishes an integrated service program for children with severe disabilities under
10s.
59.07 (147) 59.53 (7), participate in an integrated service program for children with
11severe disabilities under s.
59.07 (147) 59.53 (7) and may enter into written
12interagency agreements or contracts under the program.
SB639, s. 585
13Section
585. 132.04 (3) of the statutes is amended to read:
SB639,368,1914
132.04
(3) The secretary of state shall receive a fee of $15 and the register of
15deeds shall receive the fee specified in s.
59.57 (1) or (6a) 59.43 (2) (ag) or (e) for each
16statement and certificate of publication filed or recorded and shall also receive the
17fee specified in s.
59.57 (4) 59.43 (2) (b) for each certified copy of such statement and
18certificate of publication, to be paid for by the person filing, recording or applying for
19the same.
SB639, s. 586
20Section
586. 133.03 (4) of the statutes is amended to read:
SB639,368,2221
133.03
(4) This section does not apply to ambulance service contracted for
22under ss.
59.07 (41) 59.54 (1), 60.565, 61.64 and 62.133.
SB639, s. 587
23Section
587. 134.17 (4) of the statutes is amended to read:
SB639,368,2524
134.17
(4) For each recording, the register of deeds shall receive the fee
25specified for filing under s.
59.57 (1) 59.43 (2) (ag).
SB639, s. 588
1Section
588. 144.25 (4) (g) 5. of the statutes is amended to read:
SB639,369,62
144.25
(4) (g) 5. Determine whether any county, city, village or town within the
3area which is the subject of the plan, as a condition of a grant under this section,
4should be required to develop a construction site erosion control ordinance under s.
559.974 59.693, 60.627, 61.354 or 62.234 or a manure storage ordinance under s. 92.16
6in order to meet the water quality goals established in the plan.
SB639, s. 589
7Section
589. 144.25 (8m) of the statutes is amended to read:
SB639,369,138
144.25
(8m) If the department determines under sub. (4) (g) 5. that a county,
9city, village or town should be required to develop a construction site erosion control
10ordinance under s.
59.974 59.693, 60.627, 61.354 or 62.234 or a manure storage
11ordinance under s. 92.16, that county, city, village or town shall make a commitment
12to develop and adopt the ordinance as a condition of receiving a grant under this
13section.
SB639, s. 590
14Section
590. 144.26 (2) (e) of the statutes is amended to read:
SB639,369,1915
144.26
(2) (e) "Regulation" means ordinances enacted under ss.
59.971 59.692,
1661.351, 62.23 (7) and 62.231 and refers to subdivision and zoning regulations which
17include control of uses of lands under, abutting or lying close to navigable waters for
18the purposes specified in sub. (1), pursuant to any of the zoning and subdivision
19control powers delegated by law to cities, villages and counties.
SB639, s. 591
20Section
591. 144.26 (2) (f) of the statutes is amended to read:
SB639,369,2221
144.26
(2) (f) "Shorelands" means the lands specified under par. (e) and s.
2259.971 59.692 (1)
(b).
SB639, s. 592
23Section
592. 144.26 (2m) (intro.) of the statutes is amended to read:
SB639,370,424
144.26
(2m) (intro.) Notwithstanding any other provision of law or
25administrative rule, a shoreland zoning ordinance required under s.
59.971 59.692,
1a construction site erosion control and storm water management zoning ordinance
2authorized under s.
59.974 59.693, 60.627, 61.354 or 62.234 or a wetland zoning
3ordinance required under s. 61.351 or 62.231 does not apply to lands adjacent to farm
4drainage ditches if:
SB639, s. 593
5Section
593. 144.26 (8) of the statutes is amended to read:
SB639,370,76
144.26
(8) This section and ss.
59.971
59.692, 61.351 and 62.231 shall be
7construed together to accomplish the purposes and objective of this section.
SB639, s. 594
8Section
594. 144.266 (3) (a) 3. of the statutes is amended to read:
SB639,370,149
144.266
(3) (a) 3. Minimum standards for storm water management
10established under this paragraph are applicable to the state plan under sub. (2). The
11department shall encourage a city, village, town or county to comply with minimum
12standards established under this paragraph for any construction site erosion control
13and storm water management zoning ordinance enacted under s.
59.974 59.693,
1460.627, 61.354 or 62.234.
SB639, s. 595
15Section
595. 144.44 (7) (f) 3. of the statutes is amended to read:
SB639,370,2316
144.44
(7) (f) 3. The department shall approve the requester's exemption
17proposal if the department finds that the proposal, as approved, will comply with this
18chapter and chs. 30, 31, 147, 160 and 162 and ss. 1.11, 23.40,
59.971, 59.974 59.692,
1959.693, 60.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not
20comply with one or more of the requirements specified in this subdivision, the
21department shall provide a written statement describing how the proposal fails to
22comply with those requirements. The department shall respond to an application for
23an exemption under this paragraph within 90 days.
SB639, s. 596
24Section
596. 144.445 (3) (d) of the statutes is amended to read:
SB639,371,17
1144.445
(3) (d) "Local approval" includes any requirement for a permit, license,
2authorization, approval, variance or exception or any restriction, condition of
3approval or other restriction, regulation, requirement or prohibition imposed by a
4charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
5a town, city, village, county or special purpose district, including without limitation
6because of enumeration any ordinance, resolution or regulation adopted under s.
759.065, 59.07, 59.083, 59.97, 59.971, 59.974 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51
8(1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20),
9(21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (10), (11),
10(12), (13), (14), (15), (19), (20), (51), (52) and (53), 59.54 (1), (2), (3), (4), (4m), (5), (6),
11(7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (28), (30),
12(31), (32) and (33), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and
13(16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698,
1459.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4),
15(5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1661.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 87.30,
1791.73, 144.07, 196.58, 236.45 or 349.16 or subch. VIII of ch. 60.
SB639, s. 597
18Section
597. 144.46 of the statutes is amended to read:
SB639,371,23
19144.46 Shoreland and floodplain zoning. Solid waste facilities are
20prohibited within areas under the jurisdiction of shoreland and floodplain zoning
21regulations adopted
pursuant to ss. 59.971 under ss. 59.692, 61.351, 62.231 and
2287.30, except that the department may issue permits authorizing facilities in such
23areas.
SB639, s. 598
24Section
598. 144.9407 (3) (a) of the statutes is amended to read:
SB639,372,6
1144.9407
(3) (a)
Requirement to enact and administer ordinance. Within 6
2months after the effective date of the rules under sub. (2) (a), each county shall enact
3a nonmetallic mining reclamation ordinance, the text of which is in strict conformity
4with the text of the ordinance established under sub. (2) (a) 3., except as provided in
5par. (b). This ordinance may be enacted separately from an ordinance enacted under
6s.
59.97 59.69.
SB639, s. 599
7Section
599. 144.992 (4) of the statutes is amended to read:
SB639,372,128
144.992
(4) The clerk of the court shall collect and transmit to the county
9treasurer the environmental assessment and other amounts required under s.
1059.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state
11treasurer as provided in s.
59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall
12deposit the amount of the assessment in the environmental fund.
SB639, s. 600
13Section
600. 145.20 (3) (c) of the statutes is amended to read:
SB639,372,2414
145.20
(3) (c) If the governing body for a governmental unit responsible for the
15regulation of private sewage systems does not adopt a private sewage system
16ordinance meeting the requirements of s.
59.065 59.70 (5) or if the governmental unit
17does not appoint personnel meeting the requirements of sub. (1) or if the
18governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3),
19the department may conduct hearings in the county seat upon 30 days' notice to the
20county clerk. As soon as practicable after the public hearing, the department shall
21issue a written decision regarding compliance with s.
59.065 59.70 (5) or 145.19 (3)
22or sub. (1) or (2). If the department determines that there is a violation of these
23provisions, the governmental unit may not issue a sanitary permit for the
24installation of a private sewage system until the violation is corrected.
SB639, s. 601
25Section
601. 159.01 (9) of the statutes is amended to read:
SB639,373,4
1159.01
(9) "Responsible unit" means a municipality, county, another unit of
2government, including a federally recognized Indian tribe or band in this state, or
3solid waste management system under s.
59.07 (135)
59.70 (2), that is designated
4under s. 159.09 (1).
SB639, s. 602
5Section
602. 159.09 (1) (d) of the statutes is amended to read:
SB639,373,126
159.09
(1) (d) The governing body of a responsible unit designated under par.
7(a), (b) or (c) may by contract under s. 66.30 designate another unit of government,
8including a federally recognized Indian tribe or band in this state, or a solid waste
9management system created under s.
59.07 (135) 59.70 (2) to be the responsible unit
10in lieu of the responsible unit designated under par. (a), (b) or (c). The contract shall
11cover all functions required under sub. (2), including provisions for financing and
12enforcing the recycling or other solid waste management program.
SB639, s. 603
13Section
603. 161.41 (5) (b) of the statutes is amended to read:
SB639,373,1714
161.41
(5) (b) The clerk of the court shall collect and transmit the amount to
15the county treasurer as provided in s.
59.395 (5)
59.40 (2) (m). The county treasurer
16shall then make payment to the state treasurer as provided in s.
59.20 (5) (b) 59.25
17(3) (f) 2.
SB639, s. 604
18Section
604. 162.07 (1) (intro.) of the statutes is amended to read:
SB639,373,2319
162.07
(1) Ordinances. (intro.) The department may authorize counties to
20adopt ordinances under s.
59.067 (2) and (3) 59.70 (6) (b) and (c), relating to the
21enforcement of this chapter and rules of the department under this chapter. The
22department shall establish by rule standards for approval of ordinances and
23enforcement programs. Among other things, the rules may:
SB639, s. 605
24Section
605. 162.07 (2) of the statutes is amended to read:
SB639,374,4
1162.07
(2) Private wells. The department shall define by rule "private well"
2and "private wells" as used in this section and s.
59.067 59.70 (6). The definition may
3not include wells for which plans and specifications must be submitted to the
4department for approval prior to construction or installation.
SB639, s. 606
5Section
606. 162.07 (3) of the statutes is amended to read:
SB639,374,106
162.07
(3) Training. The department shall provide training and technical
7assistance to local government employes and agents for implementation of this
8section and s.
59.067 59.70 (6). The department may charge each county which
9receives training and technical assistance a fee for those services. Fees may not
10exceed the department's actual costs of providing the services.
SB639, s. 607
11Section
607. 162.07 (4) of the statutes is amended to read:
SB639,374,1812
162.07
(4) Review and audit. The department shall review and audit
13periodically each ordinance and program adopted under s.
59.067 59.70 (6) to
14ascertain compliance with this chapter and with rules of the department under this
15chapter. If an ordinance or related program is not in compliance, the department
16may revoke the authority of the county to enforce the ordinance. Revocation may be
17made only pursuant to written department findings made after a public hearing held
18in the county upon 30 days advance notice to the clerk of the local unit of government.
SB639, s. 608
19Section
608. 162.07 (5) of the statutes is amended to read:
SB639,375,420
162.07
(5) Concurrent enforcement. The department may enforce this
21chapter and rules of the department under this chapter that are covered by an
22ordinance adopted under s.
59.067 59.70 (6), in the county with the ordinance, if the
23department is engaged in audit or review activities, if there is reasonable cause to
24believe that the ordinance or related enforcement program of the county is not in
25compliance under sub. (4) or if the department determines that there are special
1circumstances requiring concurrent enforcement. The department shall continue to
2enforce this chapter and rules of the department under this chapter that are not
3covered by an ordinance in counties with ordinances adopted under s.
59.067 59.70
4(6).
SB639, s. 609
5Section
609. 165.25 (8m) of the statutes is amended to read:
SB639,375,96
165.25
(8m) Local emergency planning committees. In subs. (1), (6) and (6m),
7treat any local emergency planning committee appointed by a county board under
8s.
59.07 (146) 59.54 (8) (a) as a department of state government and any member of
9such a committee as a state official, employe or agent.
SB639, s. 610
10Section
610. 165.85 (2) (bg) of the statutes is amended to read:
SB639,375,1211
165.85
(2) (bg) "Jail" means a county jail, rehabilitation facility established by
12s.
59.07 (76) 59.53 (8) or county house of correction under s. 303.16.
SB639, s. 611
13Section
611. 165.87 (2) (b) of the statutes is amended to read:
SB639,375,1814
165.87
(2) (b) If a fine or forfeiture is imposed by a court of record, after a
15determination by the court of the amount due, the clerk of the court shall collect and
16transmit such amount to the county treasurer as provided in s.
59.395 (5) 59.40 (2)
17(m). The county treasurer shall then make payment to the state treasurer as
18provided in s.
59.20 (5) (b) 59.25 (3) (f) 2.
SB639, s. 612
19Section
612. 165.90 (1) of the statutes is amended to read:
SB639,376,320
165.90
(1) Any county that has one or more federally recognized Indian
21reservations within or partially within its boundaries may enter into an agreement
22in accordance with s.
59.07 (141) 59.54 (12) with an Indian tribe located in the county
23to establish a cooperative county-tribal law enforcement program. To be eligible to
24receive aid under this section, a county and tribe shall develop and annually submit
25a joint program plan, by December 1 of the year prior to the year for which funding
1is sought, to the department of justice for approval. If funding is sought for the 2nd
2or any subsequent year of the program, the county and tribe shall submit the report
3required under sub. (4) (b) together with the plan.
SB639, s. 613
4Section
613. 165.92 (2) (a) of the statutes is amended to read:
SB639,376,95
165.92
(2) (a) A tribal law enforcement officer who meets the requirements of
6s. 165.85 (4) (b) 1., (bn) 1. and (c) shall have the same powers to enforce the laws of
7the state and to make arrests for violations of such laws that sheriffs have, including
8powers granted to sheriffs under ss.
59.23 and 59.24
59.27 and 59.28 and under the
9common law, and shall perform the duties accepted under s. 165.85 (3) (c).
SB639, s. 614
10Section
614. 165.92 (4) of the statutes is amended to read:
SB639,376,1511
165.92
(4) Deputization by sheriff. Nothing in this section limits the authority
12of a county sheriff to depute a tribal law enforcement officer under s.
59.21 59.26 (5),
13including the authority to grant law enforcement and arrest powers outside the
14territory described in sub. (2) (b). Deputization of a tribal law enforcement officer by
15a sheriff shall not limit the powers and duties granted to the officer by sub. (2).
SB639, s. 615
16Section
615. 166.03 (4) (b) of the statutes is amended to read:
SB639,376,1917
166.03
(4) (b) In counties having a county executive under s.
59.031 59.17, the
18county board shall designate the county executive or confirm his or her appointee as
19county head of emergency government services.
SB639, s. 616
20Section
616. 166.03 (4) (c) of the statutes is amended to read:
SB639,377,221
166.03
(4) (c) Each county board shall designate a committee of the board as
22a county emergency government committee whose chairperson shall be a member of
23the committee designated by the chairperson of the county board. The committee,
24in counties having a county executive under s.
59.031
59.17, shall retain
1policy-making and rule-making powers in the establishment and development of
2county emergency government plans and programs.
SB639, s. 617
3Section
617. 166.04 of the statutes is amended to read:
SB639,377,14
4166.04 State traffic patrol and conservation warden duties during civil
5disorder. Without proclaiming a state of emergency, the governor may, in writing
6filed with the secretary of state, determine that there exists a condition of civil
7disorder or a threat to the safety of persons on state property or damage or
8destruction to state property. Upon such filing, he or she may call out the state traffic
9patrol or the conservation warden force or members thereof for use in connection
10with such threat to such life or property. For the duration of such threat, as
11determined by the governor, such officers shall have the powers of a peace officer as
12set forth in s.
59.24 59.28, except that such officers shall not be used in or take part
13in any dispute or controversy between employer or employe concerning wages, hours,
14labor or working conditions.
SB639, s. 618
15Section
618. 166.20 (1) (b) of the statutes is amended to read:
SB639,377,1716
166.20
(1) (b) "Committee" means a local emergency planning committee
17created under s.
59.07 (146) 59.54 (8) (a).
SB639, s. 619
18Section
619. 166.20 (2) (f) of the statutes is amended to read:
SB639,377,2219
166.20
(2) (f) If the composition of a county's committee does not conform to
42
20USC 11001 (c), inform the county board of that fact and of the county board's duty,
21under s.
59.07 (146) 59.54 (8) (a) 1., to create a committee with members as specified
22in
42 USC 11001 (c).
SB639, s. 620
23Section
620. 167.31 (5) (d) of the statutes is amended to read:
SB639,378,324
167.31
(5) (d) The clerk of the circuit court shall collect and transmit to the
25county treasurer the weapons assessment as required under s.
59.395 (5) 59.40 (2)
1(m). The county treasurer shall then pay the state treasurer as provided in s.
59.20
2(5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under
3this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).
SB639, s. 621
4Section
621. 175.20 (1) of the statutes is amended to read:
SB639,378,135
175.20
(1) No person may conduct any dance to which the public is admitted,
6or conduct, establish or manage any public dance hall or pavilion, amusement park,
7carnival, concert, street fair, bathing beach or other like place of amusement in any
8county in which the board of supervisors has enacted an ordinance, adopted a
9resolution or enacted bylaws in accordance with the provisions of s.
59.07 (18) 59.56
10(12) (b) or (br), subject to s.
59.07 (18) (d)
59.56 (12m), without first securing a license
11as provided in s.
59.07 (18) 59.56 (12) (b) or (br) or 60.23 (10). No person required to
12have such a license may conduct a dance to which the public is admitted except in
13the presence and under the supervision of a county dance supervisor.
SB639, s. 622
14Section
622. 181.67 (1) (c) of the statutes is amended to read:
SB639,378,1715
181.67
(1) (c) Separate checks in the amount of the recording fee prescribed
16under s.
59.57 (1) (a) 59.43 (2) (ag) 1. payable to the register of deeds of each county
17in which the document is required to be recorded.
SB639, s. 623
18Section
623. 185.42 (2) of the statutes is amended to read:
SB639,378,2519
185.42
(2) The register of deeds, upon payment of the fee specified under s.
2059.57 (6a) 59.43 (2) (e), shall number each contract consecutively and shall record it.
21The register of deeds shall enter the name of every member-maker of such a contract
22alphabetically in a book to be kept for that purpose. He or she shall place members
23and cooperatives under a separate head and shall state in separate columns, opposite
24each name, the number of the contract, the date of the filing, and a brief description
25of the products, goods or services covered by such contract.