1995 Wisconsin Act 201

201,246 Section 246 . 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.

201,247 Section 247 . 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.

201,248 Section 248 . 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.

201,249 Section 249 . 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.

201,250 Section 250 . 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.

201,251 Section 251 . 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).

201,252 Section 252 . 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:

201,253 Section 253 . 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.

201,254 Section 254 . 59.145 (2) (c) of the statutes is renumbered 59.52 (14) (b) 3.

201,255 Section 255 . 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).

201,256 Section 256 . 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.

201,257 Section 257 . 59.15 (title) of the statutes is renumbered 59.22 (title).

201,258 Section 258 . 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.

201,259 Section 259 . 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.

201,260 Section 260 . 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) 59.53 (11).

(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.

201,261 Section 261 . 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.

201,262 Section 262 . Subchapter IV (title) of chapter 59 [precedes 59.17] of the statutes is created to read:

Chapter 59

Subchapter IV
County officers

201,263 Section 263 . 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:

(a) (title) County board Board proceedings. Act as clerk of the county board at all of the meetings thereof; keep and record in a book therefor true minutes of all the proceedings of the board; make regular entries of their the board's resolutions and decisions upon all questions; record the vote of each supervisor on any question submitted to the board, if required by any member present, ; and perform all duties prescribed by law or required by the board in connection with their its meetings and transactions.

(b) (title) Same Recording of proceedings. Record at length in a book therefor every resolution adopted, order passed and ordinance adopted or passed enacted by the board.

(c) (title) Same Orders for payment. Sign all orders for the payment of money directed by the board to be issued, and keep in a book therefor a true and correct account thereof, and of the name of the person to whom each order is issued; but he or she shall not sign or issue any county order except upon a recorded vote or resolution of the board authorizing the same; and shall not sign or issue any such order for the payment of the services of any clerk of court, district attorney or sheriff until the person claiming the order files an affidavit stating that he or she has paid into the county treasury all moneys due the county and personally collected or received in an official capacity; and shall not sign or issue any order for the payment of money for any purpose in excess of the funds appropriated for such purpose unless first authorized by a resolution passed adopted by the county board under s. 65.90 (5).

(d) Accounts. File and preserve in the clerk's office all accounts acted upon by the board, and indorse their endorse its action thereon, designating specifically upon every account the amount allowed, if any, and the particular items or charges for which allowed, and such as were disallowed, if any.

(e) (title) Receipts Reports of receipts and disbursements. Record in a book therefor the reports of the county treasurer of the receipts and disbursements of the county.

(f) (title) Same Recording receipts and disbursements. Keep a true and accurate account in a book therefor of all money which comes into the clerk's hands by virtue of the clerk's office, specifying the date of every receipt or payment, the person from or to whom the same receipt or payment was received or paid, and the purpose of each particular receipt or disbursement, and keep such the book at all times open to the inspection of the county board or any member thereof of the board.

(g) (title) Same Payments to treasurer. Keep in the manner prescribed in sub. (6) par. (f) a separate account of all moneys paid the county treasurer by the clerk.

(h) (title) Same Books of account. Keep all of the accounts of the county and all books of account as the county board directs. Books of account shall be maintained on a calendar year basis, which shall be the fiscal year in every county.

(i) Actions; notify district attorney. Promptly notify the district attorney of every action or proceeding commenced against the county and of every appeal from the action of the county board.

(j) School taxes, records to department of education. Transmit to the department of education on the last Monday in December in each year certified copies of all resolutions adopted and proceedings of the county board passed or had during the preceding year relating to the raising of any money for school purposes, and report the amount to be raised in each town in the county.

201,264 Section 264 . 59.17 (12) to (20) and (25) of the statutes are renumbered 59.23 (2) (k) to (s) and (t) and amended to read:

59.23 (2) (k) Villages, towns; change of name. Immediately transmit to the secretary of state, after the name of any town or village is changed or a new town is organized or the boundaries of any town are altered by the county board, a certified copy of the ordinance adopted enacted therefor, indicating such change or changes.

(L) Duplicate receipts. Make out and deliver to the treasurer duplicate receipts of all moneys money received by the clerk as clerk, and countersign and file in the clerk's office the duplicate receipts delivered to the clerk by the treasurer of money received by the treasurer.

(m) Certified copies; oaths and bonds; signatures. 1. Make and deliver to any person, for a fee that is set by the board under s. 19.35 (3), a certified copy or transcript of any book, record, account, file or paper in his or her office or any certificate which by law is declared to be evidence.

2. Except as otherwise provided, the county clerk shall receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk's signature and seal the official capacity and authority of any county officer so filing and charge therefor the statutory fee. Upon the commencement of each term every county clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state.

(n) Taxes; election duties. Perform all duties that are imposed on the clerk in relation to the assessment and collection of taxes, and to the preparation and distribution of ballots and the canvass and return of votes at general, judicial and special elections.

(o) (title) Report, receipts and disbursements to county board. Make a full report to the county board, at the annual meeting or at any other regular meeting of the county board when so stipulated by the board, in writing, verified by the clerk's oath, of all money received and disbursed by the clerk, and separately of all fees received by the clerk; and settle with the board the clerk's official accounts and produce to them the board all books, accounts and vouchers relating to the same.

(p) Proceedings to historical society. Forward to the historical society, postpaid, within thirty 30 days after their publication a copy of the proceedings of the county board, and of all printed reports made under authority of such board or by the authority of other county officers.

(q) County highway commissioner; notify of election. Except in counties having a population of one hundred and fifty thousand 150,000 or more, notify a county commissioner of highways of the commissioner's election within ten 10 days thereafter.

(r) County tax for road and bridge fund. Except in counties having a population of one hundred and fifty thousand 150,000 or more, notify the proper town officers of the levy and rate of any tax for the county road and bridge fund.

(s) List of municipal officers. Each county clerk shall, annually Annually, on the first Tuesday of June, transmit to the secretary of state a typewritten or printed list showing the name and post-office address of the chairperson, mayor, president, clerk, treasurer and assessor of each town, city and village municipality within the county. Such lists shall be placed on file for the information of the public.

(t) General. Perform all other duties required of the county clerk by law.

201,265 Section 265 . 59.175 of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 59.24 and amended to read:

59.24 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 938.02 (15m).

201,266 Section 266 . 59.18 of the statutes is renumbered 59.25 (1) and amended to read:

59.25 (1) (title) County treasurer; eligibility Eligibility. No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, county clerk or member of the county board shall be eligible to the office of county treasurer or deputy county treasurer.

201,267 Section 267 . 59.19 of the statutes is renumbered 59.25 (2) and amended to read:

59.25 (2) Deputies; oath; salary; temporary vacancy. (a) The county treasurer may appoint in writing one or more deputies to aid the treasurer in the discharge of the duties of the office of county treasurer. Such deputy or deputies, in the absence of the treasurer from the treasurer's office or in case of a vacancy in said office or any disability of the treasurer to perform the duties of the office of county treasurer, unless another is appointed therefor as provided in sub. (2) par. (b), may perform all of the duties of the office of treasurer until such vacancy is filled or such disability is removed. The person or persons so appointed shall take and file the official oath. They shall file their appointment with the county clerk. The county board may, in its discretion, at its annual meeting or at any special meeting, provide a salary for each such deputy.

(b) If any county treasurer is incapable of discharging the duties of the office of county treasurer, the county board may, if they see it sees fit, appoint a person treasurer who shall serve until such disability is removed. A person so appointed or appointed to fill a vacancy in the office of treasurer, upon giving an official bond with like sureties as are required of such treasurer, shall perform all the duties of such office, and thereupon the powers and duties of any deputy performing the duties of the last treasurer shall cease.