SB639: Bill Text

SB639,57,11 (b) In other counties with a population of 25,000 or more, to 30 days for services on committees, except that the board may, by a two-thirds vote of the members present, increase the number of days for which compensation and mileage may be paid in any year and fix the compensation for each additional day.

SB639,57,15 (3) A supervisor in a county having with a population of 500,000 or more may not accept any compensation in addition to his or her regular salary for serving as a member of any committee, board or commission appointed by the county board or by the county executive.

SB639, s. 108 Section 108. 59.065 of the statutes is renumbered 59.70 (5) and amended to read:

SB639,58,2 59.70 (5) Private sewage system ordinance. (a) Every governmental unit responsible for the regulation of private sewage systems, as defined under s. 145.01 (5), shall adopt enact an ordinance governing private sewage systems, as defined in s. 145.01 (12), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private sewage systems, as defined under s. 145.01 (5). After July 1, 1980, no city, village or town municipality may adopt enact or enforce a private sewage system ordinance unless it is a governmental unit responsible for the regulation of private sewage systems, as defined under s. 145.01 (5).

SB639,58,6 (b) The governmental unit responsible for the regulation of private sewage systems, as defined under s. 145.01 (5), shall administer the private sewage system ordinance in accordance with under s. 145.20 and the rules promulgated under s. 145.20.

SB639, s. 109 Section 109. 59.067 of the statutes is renumbered 59.70 (6), and 59.70 (6) (a) (intro.) and (b) to (e), as renumbered, are amended to read:

SB639,58,9 59.70 (6) (a) Definitions. (intro.) As used in In this section subsection:

SB639,58,21 (b) Permits. If authorized by the department under s. 162.07 (1), a county may adopt enact and enforce a well construction or pump installation ordinance or both. Provisions of the ordinance shall be in strict conformity with ch. 162 and with rules of the department under ch. 162. 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 (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 and rules of the department under ch. 162.

SB639,59,2 (c) Existing wells. With the approval of the department under s. 162.07 (1), a county may adopt enact and enforce an ordinance in strict conformity with ch. 162 and with department rules under ch. 162, as they relate to existing private wells. The department, under s. 162.07 (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 and rules of the department under ch. 162.

SB639,59,5 (d) Enforcement. A county may provide for enforcement of ordinances adopted enacted under this section subsection by forfeiture or injunction or both. The district attorney or county corporation counsel may bring enforcement actions.

SB639,59,8 (e) Other municipalities. No city, village or town municipality may adopt enact or enforce an ordinance regulating matters covered by ch. 162 or by department rules under ch. 162.

SB639, s. 110 Section 110. 59.07 (intro.) of the statutes is renumbered 59.51 (1) and amended to read:

SB639,59,23 59.51 (1) (title) General powers of board Organizational or administrative powers. The board of each county shall have the authority to exercise any organizational or administrative power, subject only to the constitution and any enactment of the legislature which grants the organizational or administrative power to a county executive or county administrator or to a person supervised by a county executive or county administrator or any enactment which is of statewide concern and which uniformly affects every county. Any organizational or administrative power conferred under this section subchapter shall be in addition to all other grants. A county board may exercise any organizational or administrative power under this section subchapter without limitation due to because of enumeration. The board of each county may exercise the following powers, which, and these powers shall be broadly and liberally construed and limited only by express language:.

SB639, s. 111 Section 111. 59.07 (1) of the statutes is renumbered 59.52 (6) and amended to read:

SB639,60,10 59.52 (6) Property. (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.873 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.874 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d).

SB639,60,12 (b) Control; actions. Make all orders concerning county property and may commence and maintain actions to protect the interests of the county.

SB639,60,18 (c) Transfers. Direct the clerk to lease, sell or convey or contract to sell or convey any county property, not donated and required to be held for a special purpose, on such terms as that the board approves. In addition, any county property may, by gift or otherwise, be leased, rented or transferred to the United States, the state, any other county within the state or any municipality or school district within the county. Oil, gas and mineral rights may be reserved and leased or transferred separately.

SB639,61,5 (d) Construction, maintenance and financing of county-owned buildings and public works projects: 1. Construct, purchase, acquire, lease, develop, improve, extend, equip, operate and maintain all county buildings, structures and facilities hereinafter in this subsection referred to as "projects", including without limitation because of enumeration swimming pools, stadiums, golf courses, tennis courts, parks, playgrounds, bathing beaches, bathhouses and other recreational facilities, exhibition halls, convention facilities, convention complexes, including indoor recreational facilities, dams in county lands, garbage incinerators, courthouses, jails, schools, hospitals and facilities for medical education use in conjunction with such hospitals, home for the aged or indigent, regional projects, sewage disposal plants and systems, and including all property, real and personal, pertinent or necessary for such purposes.

SB639,61,16 2. Finance such projects, including necessary sites, by the issuance of revenue bonds under s. 66.066, and payable solely from the income, revenues and rentals and fees derived from the operation of the project financed from the proceeds of said the bonds. If any such project is constructed on a site owned by the county prior to before the issuance of such the bonds, the county shall be reimbursed from the proceeds of such the bonds in the amount of not less than the reasonable value of such the site. The reasonable value of such the site shall be determined by the county board after having obtained written appraisals of value by 2 freeholders general appraisers, as defined in s. 458.01 (11), in the county having a reputation for skill and experience in appraising real estate values. Any bonds issued pursuant to under this subsection shall not be included in arriving at the constitutional debt limitation.

SB639,61,19 3. Operate or lease such projects in their entirety or in part, and impose fees or charges for the use of or admission to such projects. Such projects may include space designed for leasing to others if such space is incidental to the purposes thereof.

SB639,62,7 (e) Leases to department of natural resources. Lease lands owned by the county to the department of natural resources 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 said 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 said 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.

SB639, s. 112 Section 112. 59.07 (1m) of the statutes is renumbered 59.52 (24) and amended to read:

SB639,62,17 59.52 (24) Parking areas. Enact The board may enact ordinances providing for establishing areas for parking of vehicles on lands owned or leased by the county; for regulating, permitting, or prohibiting , restricting or limiting parking of vehicles on such areas or parts of such areas, including, without limitation by reason of enumeration but not limited to, provision for parking in such areas or parts thereof for only certain purposes or by only certain personnel; for penalties forfeitures for violations thereof, but not to exceed the sum of $50 for each offense; and for the enforcement of such ordinances.

SB639, s. 113 Section 113. 59.07 (2) of the statutes is renumbered 59.52 (11) and amended to read:

SB639,63,2 59.52 (11) Insurance. (a) Liability and property damage. Provide public liability and property damage insurance, either in commercial companies or by self-insurance created by setting up an annual fund for such purpose or by a combination thereof, covering without exclusion limitation because of enumeration, motor vehicles, malfeasance of professional employes, maintenance and operation of county highways, parks, parkways and airports and any other county activities involving the possibility of damage to the general public.

SB639,63,4 (b) Fire and casualty. Provide for fire and casualty insurance for all county property.

SB639,63,13 (c) Employe insurance. Provide for individual or group hospital, surgical and life insurance for county officers and employes and for payment of premiums therefor for such officers and employes. In addition, a county with at least 100 employes may elect to provide health care benefits on a self-insured basis to its officers and employes, and any 2 or more counties which together have at least 100 employes may jointly provide health care benefits on a self-insured basis to officers and employes of the counties. Counties which elect to provide health care benefits on a self-insured basis to their officers and employes shall be subject to the requirements set forth under s. 120.13 (2) (c) to (e) and (g).

SB639,63,24 (d) Bonds of officers and employes. Provide for the protection of the county and public against loss or damage resulting from the act, neglect or default of county officers, department heads and employes and to may contract for and procure bonds or contracts of insurance to accomplish that purpose either from commercial companies or by self-insurance created by setting up an annual fund for such purpose or by a combination thereof. Any number of officers, department heads or employes not otherwise required by statute to furnish an official bond may be combined in a schedule or blanket bond or contract of insurance. So far as applicable ss. 19.01 (2), (2m), (3), (4) (d) and (dd) and 19.07 shall apply to such bonds or contracts of insurance. The bond shall be for a definite period, and each renewal thereof shall constitute a new bond for the principal amount covering the renewal period.

SB639, s. 114 Section 114. 59.07 (3) of the statutes is renumbered 59.52 (12) and amended to read:

SB639,64,14 59.52 (12) Accounts and claims; settlement. (a) Examine and settle all accounts of the county and all claims, demands or causes of action against the county and issue county orders therefor. In counties having with a population of less than 50,000, the board may delegate its power in regard to current accounts, claims, demands or causes of action against the county to a standing committee where the amount does not exceed $5,000. In counties having with a population of 50,000 or more, the board may delegate its power in regard to current accounts, claims, demands or causes of action against the county to a standing committee if the amount does not exceed $10,000. Instead of delegating its power under this paragraph to a standing committee, the board may, by resolution adopted by majority vote, delegate such power to the chairperson of a standing committee. Such a resolution remains in effect for one year after its effective date or until rescinded, whichever occurs first.

SB639,64,19 (b) The board may delegate Delegate its power in regard to any claim, demand or cause of action not exceeding $500 to the corporation counsel. If the corporation counsel finds that payment of the claim to a claimant is justified, the corporation counsel may order the claim paid. The claim shall be paid upon certification of the corporation counsel and shall be annually reported to the board.

SB639, s. 115 Section 115. 59.07 (3m) of the statutes is renumbered 59.52 (13) and amended to read:

SB639,65,2 59.52 (13) Injured county workers. May The board may, in addition to any payments made under ch. 102, make further payment in such amounts as the board determines to any county employe injured at any time before January 1, 1937, while performing services for the county, in cases in which such further payments were made over a period of time following the injury and were based on a moral obligation to such employe.

SB639, s. 116 Section 116. 59.07 (5) of the statutes is renumbered 59.51 (2) and amended to read:

SB639,65,8 59.51 (2) General authority. Represent The board may represent the county, have the management of the business and concerns of the county in all cases where no other provision is made, apportion and levy taxes and appropriate money to carry into effect any of its the board's powers and duties.

SB639, s. 117 Section 117. 59.07 (6) of the statutes is renumbered 59.52 (2) and amended to read:

SB639,65,16 59.52 (2) Public records. Prescribe The board may prescribe the form and manner of keeping the records in any county office and the accounts of county officers. The board may adopt enact an ordinance designating legal custodians for the county. Unless prohibited by law, the ordinance may require the clerk or the clerk's designee to act as legal custodian for the board and for any committees, commissions, boards or authorities created by ordinance or resolution of the board.

SB639, s. 118 Section 118. 59.07 (7) of the statutes is renumbered 59.52 (9) and amended to read:

SB639,65,24 59.52 (9) Purchasing agent. Appoint The board may appoint a person or committee as county purchasing agent, and provide compensation for their services. Any county officer or supervisor may be the agent or a committee member. The purchasing agent shall provide all supplies and equipment for the various county offices and the board chairperson shall promptly sign orders in payment therefor. The board may require that all purchases be made in the manner determined by it.

SB639, s. 119 Section 119. 59.07 (8) of the statutes is renumbered 59.52 (5) and amended to read:

SB639,66,5 59.52 (5) Official seals. Provide The board may provide an official seal for the county and the county officers required to have one; and for the circuit court, with such inscription and devices as that court requires.

SB639, s. 120 Section 120. 59.07 (11) of the statutes is renumbered 59.52 (7) and amended to read:

SB639,66,12 59.52 (7) Joint cooperation. Join The board may join with the state, other counties and municipalities in a cooperative arrangement as provided by s. 66.30, including the acquisition, development, remodeling, construction, equipment, operation and maintenance of land, buildings and facilities for regional projects, whether or not such projects are located within the county.

SB639, s. 121 Section 121. 59.07 (12) of the statutes is renumbered 59.52 (26) and amended to read:

SB639,66,17 59.52 (26) Transcripts. Procure The board may procure transcripts or abstracts of the records of any other county affecting the title to real estate in such county, and such transcripts or abstracts shall be prima facie evidence of title.

SB639, s. 122 Section 122. 59.07 (13) of the statutes is renumbered 59.52 (16) and amended to read:

SB639,67,4 59.52 (16) Payments in lieu of tax. (a) Institutions, state farms, airports. Appropriate each year to any municipality and school district in which a county farm, hospital, charitable or penal institution or state hospital, charitable or penal institution or state-owned lands used for agricultural purposes or county or municipally-owned municipally owned airport is located, an amount of money equal to the amount which would have been paid in municipal and school tax upon the lands without buildings, if such land were privately owned. The valuation of such lands (, without buildings) , and computation of the tax shall be made by the board. In making such computation lands on which a courthouse or jail are located and unimproved county lands shall not be included.

SB639,67,10 (b) County veterans' housing. 1. If a county has acquired land and erected thereon on that land housing facilities for rent by honorably discharged U.S. veterans of any war and the land and housing facilities are exempt from general taxation, the board may appropriate money and pay to any school district or joint school district wherein the land and housing facilities are located a sum of money which shall be computed by obtaining the product of the following factors:

SB639,67,12 a. The tax rate for school district purposes of the school years for which the payment is made.

SB639,67,16 b. The ratio of the assessed valuation to the equalized valuation of the municipality in which the school district lies, multiplied by the actual cost incurred by the county for the acquisition of the land and improvements thereon on the land used for such purposes.

SB639,67,24 2. In case of a joint school district, computation shall be made on the basis of the valuation of the several municipalities in which such the school district lies. If school buildings are inadequate to accommodate the additional school population resulting from the county veterans' housing program, and the school district cannot legally finance the necessary increased facilities, the board may appropriate money and grant assistance to the school district but the assistance shall be used solely to finance the purchase of land and the erection and equipment of the necessary additional facilities.

SB639, s. 123 Section 123. 59.07 (14) of the statutes is renumbered 59.535 (2) and amended to read:

SB639,68,7 59.535 (2) Grave markers; veterans. (a) Furnish The board may furnish upon the petition of 5 freeholders residents of any municipality in their county an appropriate metal marker for the grave of each soldier, sailor or marine who served with honor in the U.S. armed forces of the United States, buried within the municipality.

SB639,68,9 (b) The petitioners shall state in the petition the names of the soldiers, sailors or marines buried in the municipality.

SB639, s. 124 Section 124. 59.07 (15) of the statutes is renumbered 59.52 (20) and amended to read:

SB639,68,14 59.52 (20) Sheriff's family pension. Appropriate The board may appropriate money to the family of any sheriff or sheriff's deputies killed while in the discharge of official duties.

SB639, s. 125 Section 125. 59.07 (16) of the statutes is renumbered 59.698 and amended to read:

SB639,68,20 59.698 Zoning, building inspector. Except as provided under s. 59.97 59.69 (2) (bm), for the enforcement of all laws, ordinances, rules and regulations enacted under s. 59.97, 59.69, the board may appoint a building inspector, define the building inspector's duties and fix the building inspector's term of office and compensation.

SB639, s. 126 Section 126. 59.07 (16m) of the statutes is renumbered 59.696 and amended to read:

SB639,69,3 59.696 Zoning; filing fees. To The board may enact ordinances establishing schedules of reasonable filing fees for the filing of petitions to amend county zoning ordinances and notices of appeal to the board of adjustment from determinations of county zoning authorities and providing for the charging and collection of such filing fees; such fees to be used to partially defray the expenses of holding hearings and giving notices of hearings prescribed in ss. 59.97 59.69 and 59.99 59.694.

SB639, s. 127 Section 127. 59.07 (17) of the statutes is renumbered 59.52 (19) and amended to read:

SB639,69,8 59.52 (19) Donations, gifts and grants. Accept The board may accept donations, gifts or grants for any public governmental purpose within the powers of the county.

SB639, s. 128 Section 128. 59.07 (18) (title) and (a) to (c) of the statutes are renumbered 59.56 (12) (title) and (a) to (c) and amended to read:

SB639,69,14 59.56 (12) (title) Amusements,; regulation. (a) Exercise May exercise, outside of cities, villages, and towns that have not adopted a regulation under s. 60.23 (10), all the powers conferred on cities to regulate dance halls, roadhouses and other places of amusement.

SB639,69,21 (b) Enact May enact ordinances to regulate, control, prohibit or license dance halls and pavilions, amusement parks, carnivals, concerts, street fairs, bathing beaches and other like places of amusement. Such ordinances shall provide for license fees yielding sufficient revenues for administering their provisions and paying for extraordinary governmental services required as a result of the licensed amusement. These services are limited to extra police protection, traffic control or refuse collection.

SB639,70,4 (bg) Upon the passage May, upon enactment of an ordinance under par. (b) the board may, select a sufficient number of persons whose duty it shall be to supervise public dances or places of amusement according to assignments to be made by the board. Such persons while engaged in supervising public dances or places of amusement shall have the powers of deputy sheriffs, and shall make reports in writing of each dance or place of amusement visited to the clerk, and shall receive such compensation as the board determines. Their reports shall be filed by the clerk and incorporated in a report to the board at each meeting.

SB639,70,16 (br) The board shall Shall immediately revoke the license of any dance hall proprietor or manager issued under an ordinance enacted under par. (b) if there is allowed at any such dance presence of intoxicated persons, or of children of 17 years of age or under or adults who have not attained the age of 21 years unaccompanied by their parent or lawful guardian when alcohol beverages are available for consumption on the premises, or if any of the ordinances are violated. The board may enact an ordinance requiring the revocation of a dance hall license if the use of intoxicating liquor is permitted on the premises during the holding of a public dance. The chairperson of the board, when the board is not in session, is authorized to issue licenses or to suspend the license of any person violating this law or any regulation adopted by the board; such issuance of licenses or the suspension of such license to be acted on by the board at its next meeting.

SB639,70,18 (c) Enact May enact ordinances providing for a specified closing hour for places where soft drinks are sold.

SB639, s. 129 Section 129. 59.07 (18) (d) of the statutes is renumbered 59.56 (12m) and amended to read:

SB639,70,23 59.56 (12m) (title) Limits on regulation. Ordinances enacted by a board under par. sub. (12) (b), (br) or (c) shall not apply to any city or village, or to any town that has adopted a similar regulation under s. 60.23 (10).

SB639, s. 130 Section 130. 59.07 (18m) of the statutes is renumbered 59.55 (3) and amended to read:

SB639,71,6 59.55 (3) Truckers, hawkers and peddlers licensing. Except in counties having a population of 500,000 or more, to the board may enact ordinances providing for the licensing of truckers, hawkers and peddlers, other than licensees under s. 440.51, and provide for the enforcement of the ordinances. The ordinances shall not provide for licensing of fuel vendors or those engaged in the delivery of petroleum products or farmers or truck gardeners who sell farm products grown by themselves.

SB639, s. 131 Section 131. 59.07 (18r) of the statutes is renumbered 59.55 (4) and amended to read:

SB639,71,12 59.55 (4) Transient merchants. Counties may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., in the towns in the county and provide penalties forfeitures for violations of those ordinances.

SB639, s. 132 Section 132. 59.07 (19) of the statutes is renumbered 59.56 (13) and amended to read:

SB639,71,22 59.56 (13) Celebrations and conventions. Appropriate The board may appropriate money to defray the expense of national air shows or similar aeronautics activities held in the county, of municipal commemorative or patriotic celebrations or observance, of state or national conventions of war veterans, of national conventions of fraternal associations, of group entertainment for children on Halloween by county or municipal agencies within the county or of state or national conventions of county officers or employes or associations thereof or of bringing any of such conventions to the county.

SB639, s. 133 Section 133. 59.07 (19m) of the statutes is renumbered 59.70 (21) and amended to read:

SB639,72,3 59.70 (21) Conservation congress. Appropriate The board may appropriate money to defray the expenses of county delegates to the annual convention and other activities of the Wisconsin conservation congress.

SB639, s. 134 Section 134. 59.07 (20) of the statutes is renumbered 59.52 (8), and 59.52 (8) (a), (b) (intro.) and 1. and (c), as renumbered, are amended to read:

SB639,72,16 59.52 (8) (a) Establish The board may establish a civil service system of selection, tenure and status, and the system may be made applicable to all county personnel, except the members of the board, constitutional officers and members of boards and commissions. The system may also include uniform provisions in respect to classification of positions and salary ranges, payroll certification, attendance, vacations, sick leave, competitive examinations, hours of work, tours of duty or assignments according to earned seniority, employe grievance procedure, disciplinary actions, layoffs and separations for just cause, as described in par. (b), subject to approval of a civil service commission or the board. The board may request the assistance of the department of administration and pay for such services, under s. 16.58.

SB639,72,23 (b) (intro.) A law enforcement employe of the county may not be suspended, demoted, dismissed or suspended and demoted by the civil service commission or by the board, based either on its own investigation or on charges filed by the sheriff, unless the commission or board determines whether there is just cause, as described in this paragraph, to sustain the charges. In making its determination, the commission or the board shall apply the following standards, to the extent applicable:

SB639,72,25 1. Whether the employe could reasonably be expected to have had knowledge of the probable consequences of the his or her alleged conduct.

SB639,73,22 (c) If a law enforcement employe of the county is dismissed, demoted, suspended or suspended and demoted by the civil service commission or the board under the system established under par. (a), the person dismissed, demoted, suspended or suspended and demoted may appeal from the order of the civil service commission or the board to the circuit court by serving written notice of the appeal on the secretary of the commission or the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the commission or the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board or the commission fix a date of trial which shall not be later than 15 days after such the application except by agreement. The trial shall be by the court and upon the return of the board or the commission, except that the court may require further return or the taking and return of further evidence by the board or the commission. The question to be determined by the court shall be: Upon the evidence is there just cause, as described in par. (b), to sustain the charges against the employee? No cost shall be allowed either party and the clerk's fees shall be paid by the county. If the order of the board or the commission is reversed, the accused shall be forthwith immediately reinstated and entitled to pay as though in continuous service. If the order of the board or the commission is sustained, it shall be final and conclusive.

SB639, s. 135 Section 135. 59.07 (23) of the statutes is renumbered 59.535 (3) and amended to read:

SB639,74,2 59.535 (3) War records. Appropriate The board may appropriate money for the collection, publication or distribution of war records.

SB639, s. 136 Section 136. 59.07 (24) of the statutes is renumbered 59.56 (11) and amended to read:

SB639,74,6 59.56 (11) Fish and game. Establish The board may establish, maintain and operate fish hatcheries and facilities for raising game birds.

SB639, s. 137 Section 137. 59.07 (25) of the statutes is renumbered 59.79 (11) and amended to read:

SB639,74,13 59.79 (11) Baseball. In counties having a population of 500,000 or more own Own and operate a professional baseball team, appropriate money for the purchase of a franchise for such team, and in the discretion of the board organize and maintain a nonprofit corporation for such team ownership and operation or participate with others in the formation and operation of such corporation.