Chapter 59
Subchapter VII
Land use, information
and regulation,
environmental protection,
Surveys, planning and zoning
201,406
Section 406
. 59.69 (title) of the statutes is renumbered 59.56 (14) (title).
201,407
Section 407
. 59.69 (1) (title) of the statutes is repealed.
201,408
Section 408
. 59.69 (1) (intro.), (a), (b) and (c) of the statutes are renumbered 59.56 (14) (a) 1. and 2., (b) and (c) and amended to read:
59.56 (14) (a) 1. Land Except as provided in par. (c), land upon which to hold agricultural and industrial fairs and exhibitions may be acquired by county boards
a board and improvements made thereon.
2. In counties containing less than 500,000 population, the county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county.
(b) The board may grant the use of fairgrounds acquired under par. (a) 2. to agricultural and other societies of similar nature for agricultural and industrial fairs and exhibitions, and such other purposes as tend to promote the public welfare, and may receive donations of money, material or labor from any person or municipality for the improvement or purchase of such land. All improvements made on such lands by societies using them may be removed by the societies at any time within 6 months after their right to use the land terminates, unless otherwise agreed in writing between the societies and the county at the time of the making of the improvements.
(c) In counties containing more than 500,000 population, land upon which to hold agricultural and industrial fairs and exhibitions may be acquired by a board, and improvements made thereon, by donation, purchase or condemnation, but not exceeding in value $150,000, and the board may convey or donate such lands so purchased or acquired or the use thereof to the state of Wisconsin or to agricultural and industrial societies for the purpose of holding thereon agricultural and industrial fairs and exhibitions, and may receive donations of money, material or labor from any person or municipality for the improvement or purchase of such land. If at any time lands or the use thereof so conveyed or donated shall be abandoned or no longer used for the purpose for which such lands or the use thereof were so conveyed or donated, the title to such land shall revert to the county; and the commissioners of public lands, in the case of conveyances or donations to the state, are authorized and directed to execute and deliver such proper deeds of conveyance as well as revest the title to such lands in such county, and when such lands or the use thereof were conveyed or donated to an agricultural and industrial society, such proper deeds or conveyance shall be executed and delivered by such society by its proper officers. However, the state may at any time within one year after title to any such lands revests, by proper conveyance in such county, remove any structures erected thereon by or for the state subsequent to the acquisition of such lands by the state.
201,409
Section 409
. 59.69 (2) (title) of the statutes is repealed.
201,410
Section 410
. 59.69 (2) of the statutes is renumbered 59.56 (14) (d) and amended to read:
59.56 (14) (d) The board of any county may vote an amount which it deems considers sufficient to aid in the purchase of, or to make improvements upon the fairgrounds for any organized agricultural society, or to aid any organized agricultural society or any incorporated poultry association in any of its public exhibitions held or to be held; and any amount so voted shall be paid upon demand by the treasurer to the treasurer of such organized agricultural society, who shall keep an accurate record of the expenditure thereof by such society, and file a verified copy of such record with the clerk within one year after the receipt of such amount.
201,411
Section 411
. 59.69 (3) (title) of the statutes is repealed.
201,412
Section 412
. 59.69 (3) of the statutes is renumbered 59.56 (14) (e) and amended to read:
59.56 (14) (e) Whenever The board may provide for and conduct county fairs and exhibitions if a majority of the electors upon a referendum in any the county have approved thereof, the board may provide for and conduct county fairs and exhibitions so approve, in a referendum, and for such purpose may:
1. Acquire by deed or lease real estate and make improvements thereon on such real estate.
2. Appropriate funds for the adequate equipment and the proper management to properly equip, manage and control of such the fair or exhibition.
3. Adopt rules and regulations for the management and control of such the property
and of such, fair or exhibition and for the appointment and salaries of persons necessary therefor.
201,413
Section 413
. 59.70 of the statutes is renumbered 59.53 (16) and amended to read:
59.53 (16) Isolation hospitals. (a) In counties having a population of thirty thousand 30,000 or more the county board may erect, establish and maintain isolation hospitals or places for the care and treatment of all persons afflicted with infectious, contagious and communicable diseases, requiring isolation and quarantine under the laws of the state, who are inmates of the charitable, penal, correctional and other institutions of said county or who are required to be cared for and treated at the expense of said county. The board may also provide for the care and treatment therein of all persons so afflicted, who are required to be cared for by the various towns, cities and villages municipalities in said counties, under such terms, conditions, rules and regulations, as to apportionment of cost of erection of such buildings and places and the expense of care and treatment of such persons afflicted, as may be agreed upon between the county board and the common council of such cities and the boards of such villages and towns, and each such council or board is hereby vested with power and authority to enter into such contracts and to appropriate such funds as may be necessary to carry into execution all contracts so made.
(b) All isolation hospitals and other places, when so erected or established in counties having a county board of administration, shall be conducted under the control and management of said the board in the same manner and to the same extent as other institutions under the control of such the board, and in other counties such the isolation hospitals and other places shall be conducted under the control and management of the county board. Any resident of this state who is not indigent may be received into, treated and cared for in such an isolation hospital or other place upon such the terms and conditions and at such the rate or pay as may be established and fixed by the board having charge of such the isolation hospital or other place; provided, however, that indigent and destitute sick persons shall be cared for and have preference of admission to such hospitals and places.
201,414
Section 414
. 59.71 of the statutes is renumbered 59.52 (3) and amended to read:
59.52 (3) Records where kept; public examination; rebinding; transcribing. (a) The books, records, papers and accounts of the county board shall be deposited with the respective county clerks and shall be open without any charge to the examination of all persons.
(b) When any book, public record or the record of any town, village or city, village or town plat in any county office shall, from any cause, become unfit for use in whole or in part, the county board shall order that the book, record or plat be rebound or transcribed. If the order is to rebind such book, record or plat, the rebinding must be done under the direction of the officer in charge of the book, record or plat, and in that officer's office. If the order is to transcribe such book, record or plat, the officer having charge of the same shall provide a suitable book for that purpose; and thereupon such officer shall transcribe the same in the book so provided and carefully compare the transcript with the originals, and make the same a correct copy thereof, and shall attach to the transcript a certificate over that officer's official signature that that officer has carefully compared the matter therein contained with, and that the same is a correct and literal copy of the book, record or plat from which the same was transcribed, naming such book. Such copy of book, record or plat, so certified, shall have the same effect in all respects as the original, and such original book, record or plat shall be deposited with the county treasurer and carefully preserved except in counties having a population of 500,000 or more where a book containing a tract index is rewritten or transcribed, the original book may be destroyed. The order of the county board directing the transcribing of any book, record or plat duly certified by the county clerk shall, with such certificate, be recorded in each copy of book, record or plat transcribed. The fee of the officer for such service shall be fixed by the board, not exceeding 10 cents per folio, or if such books or any part thereof consist of printed forms, not to exceed 5 cents per folio for such books or records, to be paid by the county.
201,415
Section 415
. 59.715 (intro.) and (1) to (10) of the statutes are renumbered 59.52 (4) (a) (intro.) and 1. to 10., and 59.52 (4) (a) (intro.), 1. to 7., 9. and 10., as renumbered, are amended to read:
59.52 (4) (a) Destruction of obsolete county records. (intro.) Whenever necessary to gain needed vault and filing space, county or court officers and the custodian of the records of all courts of record in the state may, subject to ss. 59.716 and 59.717 pars. (b) and (c), destroy obsolete records in their custody as follows:
1. Notices of tax apportionment that are received from the secretary of state, after 3 years.
2. Copies of notices of tax apportionment that are sent to local taxing districts by the county clerk, after 3 years.
3. Records of bounty claims that are forwarded to the department of natural resources, after one year.
4. Lists of town, city and village officers
of a municipality that are certified to the county clerk by the town, city and village municipal clerks, after the date of the expiration of the term listed.
5. Crop reports made that are submitted to the county clerk by the local assessors, after 3 years.
6. Illegal tax certificates that are charged back to local taxing districts, 3 years after the date of charging back the same such certificates.
7. Notices of application for the taking of tax deeds and certificates of nonoccupancy, proofs of service and tax certificates that are filed with the county clerk in connection with the taking of tax deeds, after 15 years.
9. Claims that are paid by the county, and papers supporting such claims, after 7 years.
10. Contracts, notices of taking bids, and insurance policies to which the county is a party, 7 years after the last effective day thereof.
201,416
Section 416
. 59.715 (12) and (14) of the statutes are renumbered 59.52 (4) (a) 11. and 12. and amended to read:
59.52 (4) (a) 11. Reports of town treasurers
that are submitted to the county clerk on dog licenses sold and records of dog licenses issued, after 3 years.
12. County The clerk's copies of all receipts that are issued by the county treasurer, 4 years or until after being competently audited, whichever date is earlier.
201,417
Section 417
. 59.715 (15) to (19) and (21) to (23) of the statutes are renumbered 59.52 (4) (a) 13. to 20., and 59.52 (4) (a) 13., 15. and 17. to 20., as renumbered, are amended to read:
59.52 (4) (a) 13. Copies of notices that are given by the county clerk to the town assessors setting out lands owned by the county and lands sold by the county, after 3 years.
15. All other receipts of the county treasurer, after 7 years.
17. Oaths of office, after 7 years.
18. Case records and other record material of all public assistance that are kept as required under ch. 49, if no payments have been made for at least 3 years and if a face sheet or similar record of each case and a financial record of all payments for each aid account are preserved in accordance with rules adopted by the department of health and family services. If the department of health and family services has preserved such case records and other record material on computer disc or tape or similar device, a county may destroy the original records and record material under rules adopted by the department.
19. After 10 years marriage Marriage license applications and records and papers pertaining to the applications, including antenuptial physical examinations and test certificates, consents of parent or guardian for marriage and orders of the court waiving the waiting period, after 10 years.
20. Books in the office of the register of deeds in counties having with a population of 500,000 or more containing copies of deeds, mortgages, other miscellaneous documents and military discharges that are authorized by law to be recorded in the office if the records first shall be photographed or microphotographed and preserved in accordance with ch. 228.
201,418
Section 418
. 59.716 (intro.) and (1) to (3) of the statutes are renumbered 59.52 (4) (b) (intro.) and 1. to 3., and 59.42 (4) (b) (intro.), 1. and 3., as renumbered, are amended to read:
59.52 (4) (b) Transfer of obsolete county records. (intro.) Prior to Before the destruction of public records under s. 59.715 par. (a), the proper officers in counties with a population of less than 500,000 shall make a written offer to the historical society under s. 44.09 (1). If the offer is accepted by the society within 60 days, the officers shall transfer title to noncurrent records in their custody as follows:
1. Original papers, resolutions and reports that are connected with county board proceedings.
3. Original minutes of the county board.
201,419
Section 419
. 59.717 (intro.), (1), (2) and (4) of the statutes are renumbered 59.52 (4) (c) (intro.) and 1. to 3., and 59.52 (4) (c) (intro.), 1. and 3., as renumbered, are amended to read:
59.52 (4) (c) Destruction of county records, when. (intro.) If title is not accepted by the historical society within 60 days after a written offer is made under s. 59.716 par. (b), county officers in counties with a population of less than 500,000 may destroy records as follows:
1. Original papers, resolutions and reports appearing in county board proceedings, 6 years following the date of first publication of the same in the official proceedings of the board.
3. No assessment roll containing that contains forest crop acreage may be destroyed without the prior approval of the secretary of revenue.
201,420
Section 420
. 59.72 of the statutes is renumbered 59.47 and amended to read:
59.47 County auditors; powers; duties. (1) In every county the county clerk shall act as auditor, unless a separate office of county auditor is created as provided in sub. (2), and, when directed by resolution of the county board, shall examine the books and accounts of any county officer, board, commission, committee, trustees or other officer or employe entrusted with the receipt, custody or expenditure of money, or by or on whose certificate any funds appropriated by the county board are authorized to be expended, whether compensated for services by fees or by salary, and all original bills and vouchers on which moneys have been paid out and all receipts of moneys received by them. The clerk shall have free access to such books, accounts, bills, vouchers and receipts as often as may be necessary to perform the duties required under this subsection and he or she shall report in writing the results of the examinations to the county board.
(2) The county board by resolution may create a separate office of county auditor and may fix the compensation of such the auditor. The auditor shall perform the duties and have all of the powers conferred upon the county clerk as auditor by sub. (1), and shall perform such additional duties and shall have such additional powers as are imposed and conferred upon him or her from time to time by resolution adopted by the board.
(3) If a county auditor's office is created under sub. (1) (2), the chairperson of the county board shall appoint a person known to be skilled in matters of public finance and accounting to act as county auditor. The appointment shall be made under ss. 63.01 to 63.17 and shall be subject to confirmation by the county board. The auditor shall direct the keeping of all of the accounts of the county, in all of its offices, departments and institutions, and shall keep books of account necessary to properly perform the duties of the office. The auditor's salary and the amount of the official bond shall be fixed by the county board. The auditor shall perform all duties pertaining to the office, have all of the powers and perform the duties in sub. (1) and perform other duties imposed by the county board.
(4) The county board by resolution may authorize a county auditor appointed under sub. (3) to appoint a deputy auditor under ss. 63.01 to 63.17 to aid him or her in the discharge of the duties of his or her office, and who, in the absence or disability of the county auditor, or in case of a vacancy in said office, shall perform all the duties of the office of county auditor until such vacancy is filled, or disability is removed. Such deputy shall execute and file an official bond in the same amount as that given by the county auditor.
201,421
Section 421
. 59.73 (title) of the statutes is created to read:
59.73 (title) Surveys; expressing bearings, subdividing sections.
201,422
Section 422
. 59.73 of the statutes is renumbered 59.61 (1) and amended to read:
59.61 (1) Receipts and deposits of money; accounts. Every county officer and employe and every board, commission or other body that collects or receives moneys money for or in behalf of the county, shall:
(a) Give such receipts therefor and file such duplicates thereof with the county clerk and county treasurer as the county board directs.
(b) Keep books of account and enter therein accurately in the books from day to day with ample description, the items of that person's or that body's official service, and the fees therefor.
(c) Pay all such moneys money into the county treasury at such the time as that is prescribed by law, or if not so prescribed daily or at such the intervals as that are prescribed by the county board.
(d) Perform all other duties in connection therewith that are prescribed by or pursuant to required by law.
201,423
Section 423
. 59.74 (title) of the statutes is created to read:
59.74 (title) Perpetuation of section corners, landmarks.
201,424
Section 424
. 59.74 of the statutes is renumbered 59.61 (2) and amended to read:
59.61 (2) Depositories; designation. (a) The county board of each county having a population of 200,000 or more shall designate 2 or more, and in other counties the county board, or when the occasion arises and the county board is not in session, then a committee of the board which has been authorized to do so shall designate one or more credit unions, banks, savings banks, savings and loan associations, or trust companies organized and doing business under the laws of this state or federal law, located in this state, as county depositories, one or more of which shall be designated as working credit unions, savings banks, savings and loan associations or banks, all deposits in which shall be active deposits.
(b) In addition to the depositories specified in sub. (1) par. (a), the local government pooled-investment fund may be designated as a depository for investment purposes.
201,425
Section 425
. 59.75 of the statutes is renumbered 59.61 (3) and amended to read:
59.61 (3) Funds to be placed in depositories; reports; cash balance. (a) Whenever any county
a board has designated a county depository under s. 59.74
sub. (2), the county treasurer shall deposit therein as soon as received all funds that come to the treasurer's hands in that capacity in excess of the sum the treasurer is authorized by the board to retain. Any sum on deposit shall be deemed considered to be in the county treasury, and the treasurer shall not be liable for any loss thereon resulting from the failure or default of such depository. The county board, a committee of the county board designated by it or the county treasurer acting under s. 59.20 (14) 59.25 (3) (s) may invest any funds that come into the county treasurer's hands in excess of the sum the treasurer is authorized by the county board to retain for immediate use in the name of the county in the local government pooled-investment fund, in interest-bearing bonds of the United States or of any county or municipality in the state or in any other investment authorized by statute. The board, committee or the county treasurer acting under s. 59.20 (14) 59.25 (3) (s) may sell such securities when deemed considered advisable.
(b) Every such depository shall on the first business day of each month, and oftener more often when required, file with the county clerk a statement of the amount of county money deposited with it during the preceding month, and the treasurer shall at the same time file with such clerk a statement showing the amount of moneys received and disbursed by the treasurer during the previous month.
(c) The county board may fix the amount of money which may be retained by the treasurer but in no case shall the sum exceed $3,000; provided, that in all counties having a population of 200,000 or more inhabitants or over, the treasurer may retain such sum as may be fixed by the county board.
(d) Such treasurer and clerk, whenever the cash balance does not amount to the sum authorized by the county board to be retained, may increase it to such amount by their check on the county depository or depositories in favor of such treasurer.
201,426
Section 426
. 59.76 of the statutes is renumbered 59.07 and amended to read:
59.07 Claims against counties; actions on. (1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with s. 893.80.
(2) No action may be brought or maintained against a county, for disclosure of information that is received under s. 342.20 (3) and maintained under s. 342.20 (4) or that is received under s. 30.572 (4) and maintained under s. 30.572 (5).
201,427
Section 427
. 59.77 (title), (1) to (4) and (6) to (8) of the statutes are renumbered 59.64 (1) (title) and (a) to (g) and amended to read:
59.64 (1) Claims, how made; procedure. (a) In general. Every person, except jurors, witnesses and interpreters, and except physicians or other persons who are entitled to receive from the county fees for reporting to the register of deeds births or deaths, which have occurred under their care, having any claim against any county shall comply with s. 893.80.
(b) Of court officers, certified by district attorney. No claim for official services, in any criminal action or proceeding before a judge, shall be allowed by any
county board until the same has been examined and a written report made thereon by the district attorney of the proper county as required by sub. (4) par. (d); nor shall the claim of any sheriff, undersheriff, deputy sheriff, constable or other such officer for the services or expenses of an assistant in making an arrest or commitment be allowed unless the judge before whom the prisoner is brought certifies that there was a necessity for such assistance because of the dangerous character of the defendant or because 2 or more persons were arrested at the same time.
(c) Of judicial officers. Court commissioners shall, on or before the first Monday of November in each year, forward to the county clerk of their respective counties a correct statement of all actions or proceedings had before them, during the year next immediately preceding year, in which the county shall have become became liable for costs, giving the names of the parties in each action or proceeding, the nature and result of the same, the amount of costs in detail in each case, and what items, if any, have been paid and the amount thereof. The county clerk shall file such statements in his or her office. Any such officer who neglects to make and return such statements within the time prescribed in this subsection paragraph shall not receive any compensation from the county for any service rendered by him or her in any criminal case or proceeding during the year next preceding the time when the statement is required to be made and returned.
(d) Of court officers; certification; audit by district attorney; waiver. Fees of officers, in any action or proceeding before a court commissioner, shall be certified to and allowed by the county board in the manner following, and in no other way manner:
1. At least 10 days before the annual meeting of the board every such officer shall make and file with the county clerk a certified statement of all actions or proceedings had or tried before him or her in which the state was a party, and wherein the county has become
became liable for the fees of officers, within the year next preceding the date of the statement, showing the title and nature of the action or examination, date of trial, the names of all officers, who actually attended court and gave in a statement of their attendance and travel; and also such on the part of the defendant as were allowed against the county, and the amount to which they are severally entitled. The statement shall be substantially in the following form:
State of Wisconsin
v.
....
In .... Court