(b) Any county having with a population of less than 500,000 may create a department of administration and assign any administrative function to the department as it deems considers appropriate, except that no administrative function may be assigned to the department if any other provision of state law requires the performance of the function by any other county office, department or commission unless the administrative function is under the jurisdiction of the county civil service commission or the county auditor, in which case, the function may be assigned to the department notwithstanding ss. 59.07 (20), 59.72, 59.84 sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Except as provided under sub. (1) par. (a), in any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the head of a department of administration; and except as provided under sub. (1) par. (a), the appointment is subject to confirmation by the county board unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) sub. (8) or ch. 63.
59.04 of the statutes is renumbered 59.11 and amended to read:
59.11 Meetings; adjournment; absentees. (1) (a) Every board shall hold an annual meeting on the Tuesday after the 2nd Monday of November in each year for the purpose of transacting business. Any board may by its rules establish by rule an earlier date during October or November for such the annual meeting and may by rule establish regular meeting dates throughout the year at which to transact general business. When the day of the meeting falls on November 11, the meeting shall be held on the next succeeding day.
(b) The annual meeting may be adjourned by the clerk, upon the written request of a majority of the supervisors, to a day designated in the request, but not less than one week nor more than 3 weeks from the Tuesday after the 2nd Monday of November. Upon such an adjournment being made, the clerk shall give each supervisor written notice of the time and place to which the annual meeting has been adjourned.
(c) The board, except in counties having with a population of 500,000 or more, shall meet on the third
3rd Tuesday of each April to organize and transact business. At this meeting the board may transact any business permitted at the annual meeting, including the appointment of all county commissions and committees. The meeting may be adjourned in the same manner as the annual meeting.
(2) A special meeting of any
the board shall be held:
(a) Upon a written request of a majority of the supervisors delivered to the clerk, specifying the time and place of the meeting. The time shall not be less than 48 hours from the delivery of the request. Upon receiving the request the clerk shall forthwith immediately mail to each supervisor notice of the time and place of the meeting. Any special meeting may be adjourned by a vote of a majority of all the supervisors. The county board by ordinance may establish a separate procedure for convening the county board in a “declared emergency" as defined by county ordinance.
(b) For the purposes and in the manner prescribed in s. 31.06, with the right to adjourn the special meeting from time to time by a vote of a majority of all the supervisors entitled to a seat. The clerk shall mail written notice of the special meeting, specifying the time, place and purpose thereof of the meeting, to each supervisor not less than 2 weeks before the day set for such
(3) All meetings shall be held in the county at places that are designated by the board. The board shall give adequate public notice of the time, place and purpose of each meeting.
(4) The board shall sit with open doors, and all persons conducting themselves in an orderly manner may attend. If any supervisor misses or leaves a meeting of the board without good cause or without being first excused by the board, the chairperson may issue a warrant requiring the sheriff or some constable forthwith immediately to arrest and bring the supervisor before the board. The expenses of the arrest shall be deducted from the pay of the member unless otherwise directed by the board. The board may punish its members for infraction of its rules by imposing the penalty provided in the rules.
59.05 of the statutes is renumbered 59.12 and amended to read:
59.12 Chairperson; vice chairperson; powers and duties. (1) The board, at the first meeting after each regular election at which members are elected for full terms, shall elect a member chairperson. The chairperson shall perform all duties required of the chairperson until the board elects a successor. The chairperson may administer oaths to persons required to be sworn concerning any matter submitted to the board or a committee thereof
of the board or connected with their powers or duties. The chairperson shall countersign all ordinances of the board, and shall preside at meetings when present. When directed by ordinance the chairperson shall countersign all county orders, transact all necessary board business with local and county officers, expedite all measures resolved upon by the board and shall take care that all federal, state and local laws, rules and regulations pertaining to county government are enforced.
(2) The board at the time of the election of the chairperson shall also elect a member vice chairperson, for the same term, who in case of the absence or disability of the chairperson shall perform the chairperson's duties. The board at the time of the election of the chairperson may also elect a member 2nd vice chairperson, for the same term, who in case of the absence or disability of the chairperson and vice chairperson shall perform the duties of the chairperson. The board may provide for the payment of additional compensation to the vice chairpersons.
(3) In case of the absence of a chairperson for any meeting the members present shall choose a another member to be temporary chairperson.
59.06 of the statutes is renumbered 59.13 and amended to read:
59.13 Committees; appointment; compensation. (1) The board may, by resolution designating the purposes and prescribing the duties thereof and manner of reporting, authorize their chairperson to appoint before June 1 in any year committees from the members of the board, and the committees so appointed shall perform the duties and report as prescribed in such the resolution.
(2) Except as provided under sub. (3), committee members shall receive such compensation for their services as the board allows, not exceeding the per diem and mileage allowed to members of the board and such
the committee members shall receive such compensation, mileage and reimbursement for other expenses as the board allows for their attendance at any school, institute or meeting which the board directs them to attend. No supervisor shall be allowed pay for committee service while the board is in session, nor for mileage except in connection with services performed within the time herein limited under this subsection. The number of days for which compensation and mileage may be paid a committee member in any year, except members of committees appointed to have charge of the erection of any county building, and except as otherwise provided by law, are limited as follows:
(a) In counties containing less than 25,000 population, to 20 days, not more than 10 of which shall be for services on any one committee, except that the board may increase the number of committee meetings as provided in under par. (b) and similarly fix the compensation of the members for the additional meetings.
(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.
(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.
59.065 of the statutes is renumbered 59.70 (5) and amended to read:
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).
(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.
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:
59.70 (6) (a) Definitions. (intro.) As used in In this section subsection:
(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.
(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.
(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.
(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.
59.07 (intro.) of the statutes is renumbered 59.51 (1) and amended to read:
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:.
59.07 (1) of the statutes is renumbered 59.52 (6) and amended to read:
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).
(b) Control; actions. Make all orders concerning county property and may commence and maintain actions to protect the interests of the county.
(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.
(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.
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.
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.
(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.
59.07 (1m) of the statutes is renumbered 59.52 (24) and amended to read:
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.
59.07 (2) of the statutes is renumbered 59.52 (11) and amended to read:
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.
(b) Fire and casualty. Provide for fire and casualty insurance for all county property.
(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).
(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.
59.07 (3) of the statutes is renumbered 59.52 (12) and amended to read:
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.
(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.
59.07 (3m) of the statutes is renumbered 59.52 (13) and amended to read:
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.
59.07 (5) of the statutes is renumbered 59.51 (2) and amended to read:
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.
59.07 (6) of the statutes is renumbered 59.52 (2) and amended to read:
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.
59.07 (7) of the statutes is renumbered 59.52 (9) and amended to read:
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.
59.07 (8) of the statutes is renumbered 59.52 (5) and amended to read:
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.
59.07 (11) of the statutes is renumbered 59.52 (7) and amended to read:
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.
59.07 (12) of the statutes is renumbered 59.52 (26) and amended to read:
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.
59.07 (13) of the statutes is renumbered 59.52 (16) and amended to read:
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.
(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:
a. The tax rate for school district purposes of the school years for which the payment is made.
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.
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.
59.07 (14) of the statutes is renumbered 59.535 (2) and amended to read:
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.
(b) The petitioners shall state in the petition the names of the soldiers, sailors or marines buried in the municipality.
59.07 (15) of the statutes is renumbered 59.52 (20) and amended to read:
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.
59.07 (16) of the statutes is renumbered 59.698 and amended to read:
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.
59.07 (16m) of the statutes is renumbered 59.696 and amended to read:
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
59.07 (17) of the statutes is renumbered 59.52 (19) and amended to read:
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.
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:
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.
(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.
(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.
(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.
(c) Enact May enact ordinances providing for a specified closing hour for places where soft drinks are sold.
59.07 (18) (d) of the statutes is renumbered 59.56 (12m) and amended to read:
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).
59.07 (18m) of the statutes is renumbered 59.55 (3) and amended to read: