59.073 of the statutes is renumbered 59.55 (1), and 59.55 (1) (a), (b) (intro.) and (c), as renumbered, are amended to read:
59.55 (1) (a) In this section
1. “Consumer complaint" means any a complaint received by a consumer protection agency from an individual.
2. “County consumer protection agency" means an agency created or designated under this section
(b) (intro.) Any A county may create or designate a consumer protection agency which may:
(c) A county consumer protection agency created under this section subsection shall report at least once every 6 months to the county board on the actions and activities of the agency.
59.075 of the statutes is renumbered 59.53 (22) and amended to read:
59.53 (22) County housing authorities. (a) Sections 66.40 to 66.404 shall apply to counties, except as otherwise provided in this section subsection, or as clearly indicated otherwise by the context.
(b) The powers and duties conferred and imposed by ss. 66.40 to 66.404 upon mayors and councils are conferred upon county boards, and the powers and duties of specified city officials under ss. 66.40 to 66.404 are conferred upon county officials performing duties similar to the duties of such specified city officials.
(c) The area of operation of a housing authority created in and for a county is all of the county for which it is created, but a county housing authority may not undertake any housing project within the boundaries of any city, village or town municipality unless a resolution has been adopted by the governing body of the city, village or town municipality, and by any housing authority which has been created therein in that municipality, declaring that there is need for the county housing authority to exercise its powers within that city, village or town municipality.
(d) County housing authorities created under this section subsection are urged to utilize those provisions of the federal housing laws whereby private developers may acquire land, build housing projects according to federal standards and turn them over to such housing authorities for due consideration.
59.08 of the statutes is renumbered 59.52 (29) and amended to read:
59.52 (29) Public work, how done; public emergencies. (a) All public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $20,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $20,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $20,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which exceeds $20,000, shall be let and entered into under s. 66.29, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This section subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.
(b) The provisions of sub. (1) par. (a) are not mandatory for the repair or reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the county board, in which the public health or welfare of the county is endangered. Whenever the county board by majority vote at a regular or special meeting determines that an emergency no longer exists, this subsection paragraph no longer applies.
59.083 of the statutes is renumbered 59.03 (2) and amended to read:
59.03 (2) Consolidation of municipal services, home rule, metropolitan district. (a) Except as elsewhere specifically provided in these statutes, the county board of any county is hereby vested with all powers of a local, legislative and administrative character, including without limitation because of enumeration, the subject matter of water, sewers, streets and highways, fire, police, and health, and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred may be exercised by the county board in any town, city or village municipality, or part thereof located in such the county upon the request of any such town, city or village municipality, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular function, duty or act, and the terms, if any, upon which the same powers shall be exercised by the county board or by a similar resolution adopted by direct legislation in the town, city or village municipality in the manner provided in s. 9.20. The resolution shall further provide whether the authority or function is to be exercised exclusively by the county or jointly by the county and the town, city or village municipality, and shall also find that the exercise of such power by the county would be in the public interest. Upon the receipt of the resolution, the county board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of such the function, upon the terms and conditions set forth in the resolution presented by the town, city or village municipality.
(b) The county board of any such county may, by a resolution adopted by a majority of its membership, propose to any of the towns, cities and villages municipalities located in such the county, or any of them, that it offers to exercise such powers and functions therein in order to consolidate municipal services and functions in said the county. Such resolution shall designate the particular function, duty or act and the terms and conditions, if any, upon which the county board will perform the same function, duty or act. The powers conferred in sub. (1) par. (a) and designated in such resolution may thereafter be exercised by the county board in each
such town, city or village municipality which shall accept such accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body or by direct legislation in the manner provided in s. 9.20.
(c) Whenever the request under sub. (1) par. (a) or acceptance under sub. (2) par. (b) of a town, city or village municipality shall be by resolution of its governing board, such request or acceptance shall not go into effect until the expiration of 60 days from the adoption of the resolution. If a petition pursuant to under s. 9.20 for direct legislation on such the request or acceptance shall be filed before the expiration of said 60 days, the resolution of the governing board shall be of no effect but the request or acceptance of such town, city or village
municipality shall be determined by such direct legislation.
(d) After and upon the adoption of resolutions by the county board and subject to sub. (3) par. (c) by one or more towns, cities or villages municipalities either as provided in sub. (1) or (2) the county par. (a) or (b) the board shall have full power to legislate upon and administer the entire subject matter committed to it, and among other things, to determine, where not otherwise provided by law, the manner of exercising the power thus assumed.
(e) The town, city or village municipality concerned may enter into necessary contracts with the county, and appropriate money to pay to the county the reasonable expenses incurred by it in rendering the services assumed. Such expenses may be certified, returned and paid as are other county charges, and in the case of services performed pursuant to under a proposal for the consolidation thereof initiated by the county board and made available to each town, city and village municipality in the county on the same terms, the expenses thereof shall be certified, returned and paid as county charges; but in the event that each and every town, city and village municipality in the county shall accept such
accepts the proposal of the county board, the expenses thereof shall be paid by county taxes to be levied and collected as are other taxes for county purposes. Said towns, cities and villages The municipalities are vested with all necessary power to do the things herein required, and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure herein provided in this subsection for the request or acceptance of the exercise of the powers conferred on the county board in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages under article XI, section 3, of the constitution.
(f) The powers conferred by this section subsection shall be in addition to all other grants of power and shall be limited only by express language.
59.09 of the statutes is renumbered 59.14 and amended to read:
59.14 Publication of ordinances and proceedings. (1) Whenever any county a board passes any enacts an ordinance under this chapter the county clerk shall immediately publish it as a class 1 notice, under ch. 985; and such the clerk shall procure and distribute copies of such paper the ordinance to the several town clerks, who shall file the same it in their respective offices.
(2) Said The board shall, by ordinance or resolution, provide for publication in one or more newspapers in the county as a class 1 notice, under ch. 985, a certified copy of all its proceedings had at any meeting, regular or special; said publication to be completed within 60 days after the adjournment of each session.
(3) Said The board may at any meeting, regular or special, provide by resolution for the publication in pamphlet form by the lowest and best bidder therefor, of a sufficient and designated number of copies of its duly certified proceedings, for general distribution.
(4) Said The board may order public notices relating to tax redemption and other affairs of the county to be published in a newspaper printed in any other than the English language, to be designated in such order, whenever they shall deem the board considers it necessary for the better information of the inhabitants thereof
of the county, and it shall appear from the last previous census that one-fourth or more of the adult population of such the county are is of a nationality not speaking the English language, and that there shall have been a newspaper published therein in the county continuously for one year or more in the language spoken by such that nationality; but all such of the notices shall also be published in a newspaper published in the English language as provided by law. The compensation for all such of the publications shall be paid by the county ordering the same
publications, and shall be the same as that prescribed by law for publication in the English language; and no extra charge shall be allowed for translation in any case. No irregularity, mistake or informality in any such publication shall affect the validity or regularity of any tax redemptions or other legal proceedings.
Subchapter III (title) of chapter 59 [precedes 59.10] of the statutes is created to read:
County board of supervisors
59.10 of the statutes is renumbered 59.15 and amended to read:
59.15 Neglect of duty. Any supervisor who refuses or neglects to perform any of the duties which are required of the supervisor by law as a member of the county board of supervisors, without just cause therefor, shall for each such refusal or neglect forfeit a sum of not less than fifty $50 nor more than two hundred dollars $200.
59.11 of the statutes is renumbered 59.05 and amended to read:
59.05 County seat; change. (1) The county seat shall be fixed and designated by the county board at the first regular meeting after the organization of any county; and no county seat shall be changed except as provided in this section.
(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 therein 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 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 election shall be held only on the day of the general election, notice thereof 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 ....".
(3) If a majority of the votes cast at the election are in favor of the proposed change, the chairperson of the county board shall certify the same, with the attestation of the county clerk, to the governor, who shall issue a proclamation to that effect and publish it in the official state paper. From the date of publication the place designated shall be the county seat. The county board may not again submit the question of removal within 5 years.
(4) Notwithstanding subs. (2) and (3), no such election to change any a county seat may be held for a period of 5 years after the year in which a courthouse or other county building costing $3,000 or more was built at the county seat and occupied for county purposes.
59.12 of the statutes is renumbered 59.20 (2) and amended to read:
59.20 (2) County officers; terms. A county clerk, treasurer, sheriff, coroner, clerk of circuit court, register of deeds and surveyor, who shall be a registered land surveyor, shall be elected in each county for full terms at the general election held in each even-numbered year. The regular term of office of each such officer shall commence on the first Monday of January next succeeding his or her election and shall continue 2 years and until his or her successor qualifies. In lieu of electing a surveyor in any county, the county board may, by resolution, designate that the duties under ss. 59.60 59.45 (1) and 59.635 59.74 (2) be performed by any registered land surveyor employed by the county. In any county containing one town only, the county board may, by resolution, designate any county office a part-time position, combine 2 or more county offices, and, if concurred in by the town board, combine the offices of county clerk and town clerk and any other county and town offices, provided that the offices combined are not incompatible and the combination is not expressly forbidden by law. If the town board so concurs, the election may be for the combined office and no separate election for the town office shall be held until after the county board has by resolution decided to abandon the combination and the town board has concurred by resolution. In counties having a population of 500,000 or more, no county coroner or county surveyor may be elected. In any county in which a medical examiner system is instituted, no coroner may be elected.
59.125 of the statutes is renumbered 59.20 (1) and amended to read:
59.20 (1) Eligibility for county office. No person is eligible to may file nomination papers as a candidate for, have his or her name placed on a ballot for election to, or hold a county elective office who is not an elector of the county. No person is eligible to may file nomination papers as a candidate for, have his or her name placed on a ballot for election to, or hold the office of county supervisor who is not an elector of the supervisory district from which he or she is chosen.
59.13 of the statutes is renumbered 59.21, and 59.21 (1) (intro.), (a) to (e), (g) and (i) and (2) to (4), as renumbered, are amended to read:
59.21 (1) (intro.) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond and take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which the officer is elected or appointed. Every county supervisor shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which he or she is elected or appointed. Every deputy appointed by any such officer shall take and file the official oath and if the deputy neglects to do so, he or she shall forfeit $100. Such official bonds shall be in sums and with sureties, as follows:
(a) County Clerk Clerk, not less than two thousand dollars $2,000.
(b) County Treasurer Treasurer, if the bond is furnished by individual sureties, not less than the amount nor exceeding twice the amount of all taxes directed by the county board to be levied therein and to be received by the treasurer during the ensuing year, with 3 or more sureties; or, if the bond is furnished by a surety company in an amount not less than 10 per cent % of all taxes directed by the county board to be levied therein, and to be received by the treasurer during the ensuing year, or $500,000, whichever is smaller.
(c) Sheriff, not less than five $5 nor more than twenty-five thousand dollars $25,000, with not less than three 3 sureties.
(d) Coroner, not less than five hundred $500 nor more than ten thousand dollars $10,000, with not less than two 2 sureties.
(e) Clerk of the circuit court, not less than five thousand dollars $5,000, with two
2 or more sureties.
(g) Register of deeds, in counties containing less than 150,000 population, $3,000, with 2 or more sureties. In counties containing 150,000 or more population, not less than $3,000, with 2 or more sureties, conditioned for the accuracy of the register's work and the faithful, correct and impartial performance of the register's duties, and in addition thereto a bond of not less than $10,000, with 2 or more sureties, conditioned for the faithful accounting for and paying over to the county treasurer all moneys which may come into the register's hands as register of deeds, or into the hands of the register's deputy or assistants.
(i) County abstractor, five thousand dollars
$5,000, with two 2 or more sureties.
(2) Each such official bond shall be in
a sum fixed by law; or if not so fixed, in a sum fixed by resolution of the county board, within the limitations prescribed by law, if any, at the annual meeting in November prior to the commencement of the term of office of the particular officer. Both the bond and the sufficiency of the sureties thereto shall be approved by a committee consisting of the chairperson and not less than two 2 other members of the county board who shall report in writing their action on all bonds.
(3) Each such bond shall be guaranteed by the number of personal sureties prescribed by law, or if not prescribed, by the number fixed by the county board within the limitations, if any, prescribed by law, or by a surety company as provided by s. 632.17 (2). In the case of the county clerk, county treasurer and county abstractor the county board may by resolution require them to furnish bonds guaranteed by surety companies and direct that the premiums be paid as provided in s. 19.01 (8).
(4) If it deems considers the bond of any officer insufficient, the county board may by resolution require the officer to furnish additional bond in a sum to be named in the resolution, not exceeding ten thousand dollars $10,000 for the register of deeds of any county with a population of less than one hundred fifty thousand 150,000, and not exceeding the maximum sum, if any, fixed by law for additional bonds for other officers.
59.14 of the statutes is renumbered 59.20 (3) and amended to read:
59.20 (3) Offices where kept; when open. (a) Every sheriff, clerk of the circuit court, register of deeds, county treasurer, register of probate, county clerk and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers or minutes therefrom except as authorized in sub. (3) par. (c) and s. 19.59 (3) (d) or under ch. 69.
(b) If any such officer neglects or refuses to comply with any of the provisions of this section subsection, the officer shall forfeit five dollars $5 for each day such noncompliance continues. Actions for the collection of such forfeiture may be brought upon the complaint of the district attorney of the proper county or of any party aggrieved by such refusal or neglect.
(c) Any county board may by ordinance provide that the cut-off reception time for the filing and recording of documents shall be advanced by one-half 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.
(d) Any register of deeds who in good faith makes an erroneous determination as to the accessibility of a portion of a record, to members of the public under s. 19.36 (6), is not subject to any penalty for denial of access to the record under s. 19.37 (4).
59.145 (title), (1) and (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 59.52 (14) (title), (a) and (b) (intro.) and amended to read:
59.52 (14) (title) Optical disk and electronic storage. (a) Upon request of any office, department, commission, board or agency of the county, the board may authorize any county record that is in the custody of the office, department, commission, board or agency to be transferred to, or maintained in, optical disk or electronic storage in accordance with rules of the department of administration under s. 16.612. The board may thereafter authorize destruction of the original record, if appropriate, in accordance with sub. (4) and ss. 16.61 (3) (e), and 19.21 (5) and 59.715 to 59.717 unless preservation is required by law.
(b) (intro.) Any copy of a county record generated from optical imaging or electronic formatting of an original record is deemed considered an original record if all of the following conditions are met:
59.145 (2) (a), (b) and (d) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 59.52 (14) (b) 1., 2. and 4.
59.145 (2) (c) of the statutes is renumbered 59.52 (14) (b) 3.
59.145 (3) of the statutes is renumbered 59.52 (14) (c) and amended to read:
59.52 (14) (c) The statement of intent and purpose executed under sub. (2) (d) par. (b) 4. is presumptive evidence of compliance with all conditions and standards prescribed under sub. (2) par. (b).
59.145 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.52 (14) (d) and amended to read:
59.52 (14) (d) A copy of a record generated from an original record stored on an optical disk or in electronic format which conforms with the standards prescribed under sub. (2) par. (b) shall be taken as and stand in lieu of and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification or certified copy of such a record so generated, for the purposes specified in this subsection paragraph, is deemed to be a transcript, exemplification or certified copy of the original. An enlarged copy of any record so generated, made in accordance with the standards prescribed under sub. (2) par. (b) and certified by the custodian as provided in s. 889.18 (2), has the same effect as an actual-size copy.
59.15 (title) of the statutes is renumbered 59.22 (title).
59.15 (1) and (2) (title) and (a) of the statutes are renumbered 59.22 (1) and (2) (title) and (a) and amended to read:
59.22 (1) Elective officials. (a) 1. The board shall, prior to before the earliest time for filing nomination papers for any elective office to be voted on in the county (other than supervisors and circuit judges), which officer is paid in whole or part from the county treasury, establish the total annual compensation for services to be paid to the officer (exclusive of reimbursements for expenses out-of-pocket provided for in sub. (3)). Except as provided in subd. 2., the annual compensation may be established by resolution or ordinance, on a basis of straight salary, fees, or part salary and part fees, and if the compensation established is a salary, or part salary and part fees, it shall be in lieu of all fees, including per diem and other forms of compensation for services rendered, except those specifically reserved to the officer in the resolution or ordinance. The compensation established shall not be increased nor diminished during the officer's term and shall remain for ensuing terms unless changed by the board. Court fees shall not be used for compensation for county officers.
2. The board shall establish by resolution or ordinance the annual compensation of the sheriff as straight salary. No portion of that salary may include or be based on retention of fees by the sheriff. No portion of that salary may be based on providing food to prisoners under s. 302.37 (1). This subdivision does not prohibit the reimbursement of a sheriff for actual and necessary expenses.
(b) Any officer authorized or required to collect fees appertaining to his or her office shall keep a complete record of all fees received in the form prescribed by the board and shall file a record of the total annual receipts in the clerk's office within 20 days of the close of the calendar year or at such other times as the board requires. Any officer on a salary basis or part fees and part salary shall collect all fees authorized by law appertaining to his or her office and shall remit all fees not specifically reserved to the officer by enumeration in the compensation established by the board pursuant to under par. (a) to the treasurer at the end of each month unless a shorter period for remittance is otherwise provided.
(2) (title) Appointive officials
,; deputy officers; and employes. (a) The board has the powers set forth in this subsection, sub. (3) and s. 59.025 59.03 (1) as to any office, department, board, commission, committee, position or employe in county service (other than elective offices included under sub. (1), supervisors and circuit judges) created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language.
59.15 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.22 (2) (c) and amended to read:
59.22 (2) (c) The board may provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers without regard to the tenure of the incumbent (except as provided in par. (d)) and also establish the number of employes in any department or office including deputies to elective officers, and may establish regulations of employment for any person paid from the county treasury, but no action of the board shall be contrary to or in derogation of the rules and regulations of the department of health and family services pursuant to
under s. 49.33 (4) to (7) relating to employes administering old-age assistance, aid to families with dependent children, aid to the blind and aid to totally and permanently disabled persons or ss. 63.01 to 63.17.
59.15 (2) (d) and (e), (3), (3a) and (4) of the statutes are renumbered 59.22 (2) (d) and (e), (3), (3a) and (4) and amended to read:
59.22 (2) (d) The board or any board, commission, committee or any agency to which the board or statutes has delegated the authority to manage and control any institution or department of the county government may contract for the services of employes, setting up the hours, wages, duties and terms of employment for periods not to exceed 2 years.
(e) The board may also provide and appropriate
moneys money for an employe awards program to encourage and to reward unusual and meritorious suggestions and accomplishments by county employes.
(3) Reimbursement for expense. The board may provide for reimbursement to any elective officer, deputy officer, appointive officer or employe of for any out-of- pocket expense out-of-pocket incurred in the discharge of that person's duty in addition to that person's salary or compensation, including without limitation because of enumeration, traveling expenses within or without the county or state, tuition costs incurred in attending courses of instruction clearly related to that person's employment, and the board may establish standard allowances for mileage, room and meals, the purposes for which such allowances may be made, and determine the reasonableness and necessity for such reimbursements, and also establish in advance a fair rate of compensation to be paid to the sheriff for the board and care of prisoners in the county jail at county expense.
(3a) Commission on aging. The board may provide for the payment of expenses and a per diem to members and nonmembers of the board persons appointed to a county commission on aging under s. 59.07 (93)
(4) Interpretation. In the event of conflict between this section and any other statute, this section to the extent of such the conflict shall prevail.
59.16 of the statutes is renumbered 59.23 (1) and amended to read:
59.23 (1) (title) County clerk; deputies Deputies; salaries; vacancies. (a) Every county clerk shall appoint in writing one or more deputies and file such
the appointment in the clerk's office. Such The deputy or deputies shall aid in the performance of the duties of the clerk under the clerk's direction, and in case of the absence or disability of the clerk or of a vacancy in the clerk's office, unless another is appointed therefor as provided in sub. (3) par. (c), shall perform all of the duties of such the clerk during such the absence or until
such the vacancy is filled. The county board may in its discretion, at any meeting, provide a salary for such the deputy or deputies.
(b) In each county having a population exceeding one hundred and fifty thousand 150,000 according to the last state or national census, the county clerk may also appoint such the number of assistants as that the county board may, at any legal meeting thereof, authorize and prescribe authorizes and prescribes, and
said the assistants shall receive such salaries as said county that the board at any such meeting shall provide and fix
provides and fixes.
(c) If a county clerk is incapable of discharging the duties of office the county board may appoint an acting clerk, who shall serve until the disability is removed. If the county board is not in session at the time of the incapacity, the chairperson of the board may appoint an acting clerk, whose term shall not extend beyond the next regular or special meeting of the county board. A person appointed as acting clerk or appointed to fill a vacancy in the office of county clerk, upon giving an official bond with sureties as required of a county clerk, shall perform all of the duties of the office; and thereupon the powers and duties of the deputy of the last clerk shall cease.
Subchapter IV (title) of chapter 59 [precedes 59.17] of the statutes is created to read:
59.17 (intro.) and (1) to (10) of the statutes are renumbered 59.23 (2) (intro.) and (a) to (j) and amended to read:
59.23 (2) (title) County clerk; duties Duties. (intro.) The county clerk shall: