1995 Wisconsin Act 201

2. Publish a notice for general circulation in each of the counties in the district for bids at least 10 days prior to purchasing materials or services costing more than $2,500. The notice shall state the nature of the work or purchase, the terms and conditions upon which the contract will be awarded, and the time and place where bids will be received, opened and read publicly. The commission may reject all bids after the reading or shall award the contract to the lowest responsible bidder. The commission may award the contract to any unit of government without the intervention of bidding, under s. 66.299 (2). The district business administrator shall execute all contracts in writing, and may require the contracting party to provide a bond to ensure performance of the contract. The commission may direct the business administrator to purchase materials or services costing $5,000 or less on the open market at the lowest price available, without securing competitive bids, if the commission declares that an emergency exists by an affirmative vote of five-sixths of the commission. In this paragraph subdivision, an “emergency" is an unforeseen circumstance that jeopardizes life or property.

3. Employ and fix the duties and compensation of a full-time or part-time entomologist to act as director of the mosquito control program, who shall develop and supervise the execution of the program.

4. Employ and fix the duties and compensation of a full-time or part-time business administrator, who shall administer the business affairs of the commission and who shall keep an account of all receipts and disbursements by date, source and amount.

201,440 Section 440 . 59.864 of the statutes is renumbered 59.70 (14) and amended to read:

59.70 (14) Adverse interest of commissioners. No commissioner may have any personal or financial interest in any contract made by the commission. Any violation of this section subsection resulting in a conviction shall void the contract, and shall disqualify the commissioner convicted of the violation from membership on the commission.

201,441 Section 441 . 59.865 of the statutes is renumbered 59.70 (15) and amended to read:

59.70 (15) Financing. On or before October 1 of each year, the commission shall require each county within the mosquito control district to contribute an amount per resident of the county to carry out the purposes of ss. 59.861 to 59.866 subs. (12) to (16). The commission shall determine the amount to charge per resident. The commission shall certify in writing to the county clerk of each county participating in the mosquito control district, the total amount of the county's contribution to the mosquito control district.

201,442 Section 442 . 59.866 of the statutes is renumbered 59.70 (16) and amended to read:

59.70 (16) Dissolution of the district. (a) 1. Any A county may terminate its participation in the district upon a majority vote of the county board and 12 months' notice to the chairperson of the commission. If a county terminates its participation in the district, a board of appraisers as established in par. (b) subd. 2. shall appraise the property of the commission.

2. The board of appraisers shall consist of 3 members, one who is appointed by the terminating county, one by the commission and one by the other 2 members of the appraisal board. If the 2 appraisers cannot agree on the appointment of the 3rd appraiser within 30 days, the commission may appoint the 3rd appraiser. The commission shall pay to the treasurer of the terminating county an amount equal to that county's share in the net assets of the commission, proportionate to the county's financial contribution to the mosquito control district. The terminating county shall remain liable for its allocated share of the contractual obligations of the mosquito control district.

(b) If the district dissolves, the commission shall sell all of its property. The proceeds of the sale remaining after payment of all debts, obligations and liabilities of the district, plus any balance in the fund, shall be divided and paid to the county treasurers of the member counties in proportion to each county's financial contribution to the district. Member counties shall remain liable for unpaid debts after the dissolution of the district.

201,443 Section 443 . 59.87 (title) and (1) to (5) of the statutes are renumbered 59.56 (3) (title) and (a) to (e) and amended to read:

59.56 (3) University extension work. (a) Creation. Any county A board , in accordance with this section, may establish and maintain an educational program in cooperation with the university of Wisconsin, referred to in this section subsection as “University Extension Program".

(b) Committee on agriculture and extension education. If the county a board of supervisors determines to establish establishes a university extension program, it shall create a committee on agriculture and extension education. The county board may select as a member of the committee any public school administrator resident in the county. The members of the committee shall receive such compensation and expenses as the board determines under s. 59.15 59.22 (2) (c) and (3). The committee shall meet at such intervals as is deemed are considered necessary to properly carry out its functions and responsibilities.

(c) Staff. 1. The committee on agriculture and extension education shall appoint professionally qualified persons to the university extension program staff in cooperation with the university extension and vacancies. Vacancies and additions to the staff shall be filled in the same manner.

2. The committee on agriculture and extension education may enter into joint employment agreements with the university extension or with other counties and the university extension if the county funds that are committed in such the agreements have been appropriated by the board. Persons so employed under cooperative agreements and approved by the board of regents shall be considered employes of both the county and the university of Wisconsin.

(d) Finance. For the partial maintenance of the work of the university extension program, including cooperative extension programs as provided for in an act of congress approved May 8, 1914 (38 Stat. 372) and all acts supplementary thereto, the county board may appropriate moneys as requested by the committee on agriculture and extension education to provide the county's share in such work. The money appropriated by the county board shall be disbursed by the treasurer upon orders of the county clerk pursuant to the actions of the committee on agriculture and extension education and as adopted by the county board.

(e) State aids. To supplement the funds provided by the county for the work of the university extension program, each county shall be entitled to a minimum state aid of $1,500 per year if the county board has made the required appropriation to maintain such a program, and such additional funds as are required to provide salary increases equal to those granted to state employes by the legislature.

201,444 Section 444 . 59.87 (6) (title) of the statutes is renumbered 59.56 (3) (f) (title).

201,445 Section 445 . 59.87 (6) (intro.) and (a) to (e) of the statutes are renumbered 59.56 (3) (f) 1. (intro.) and a. to e., and 59.56 (3) (f) 1. (intro.), d. and e., as renumbered, are amended to read:

59.56 (3) (f) 1. (intro.) Such A university extension program is authorized, under the direction and supervision of the county committee on agriculture and extension education, cooperating with the university extension of the university of Wisconsin, and within the limits of funds provided by the board and cooperating state and federal agencies, to make available the necessary facilities and conduct programs in the following areas:

d. Extension work provided for in an act of congress that was approved on May 8, 1914 (38 Stat. 372) and all acts supplementary thereto.

e. Any other extension work that is authorized by local, state or federal legislation.

201,446 Section 446 . 59.87 (6) (em) of the statutes is renumbered 59.56 (3) (f) 2. and amended to read:

59.56 (3) (f) 2. Such a program may consist of, but not be limited to, providing agents to conduct programs on energy conservation and renewable energy resource systems, conduct evaluations and provide planning, analysis and other technical support to community agencies and organizations, small businesses, individuals interested in energy conservation in local communities and primary and secondary school teachers.

201,447 Section 447 . 59.87 (6) (f) of the statutes is renumbered 59.56 (3) (f) 3., and 59.56 (3) (f) 3. (intro.), a., e., f. and g., as renumbered, are amended to read:

59.56 (3) (f) 3. (intro.) Take Such program may take any action that will facilitate the accomplishment of any of the functions listed above under this paragraph, including without limitation because of enumeration, the following:

a. Training The training of group leaders and the directing of group activities.

e. Creation The creation of citizens' advisory committees.

f. Dissemination The dissemination of information by any appropriate means including press, radio and television.

g. Charging The imposition of fees for certain desired educational services when sufficient public funds are not available to cover costs.

201,448 Section 448 . 59.87 (7) and (8) of the statutes are renumbered 59.56 (3) (g) and (h) and amended to read:

59.56 (3) (g) Department of government. For the purposes of s. 59.15 59.22 (2) (d) the university extension program shall be a department of county government and the committee on agriculture and extension education shall be the committee which is hereby delegated the authority to direct and supervise such the department. In cooperation with the university extension of the university of Wisconsin, the committee on agriculture and extension education shall have the responsibility for the formulation and execution of to formulate and execute the university extension program. The university extension shall annually report to the board its activities and accomplishments.

(h) Cooperation. The personnel of the university extension program shall, whenever feasible, cooperate with other educational programs of importance to the citizens residents of the county. Such cooperative agreements may be made under s. 66.30.

201,449 Section 449 . 59.871 of the statutes is renumbered 59.70 (17) and amended to read:

59.70 (17) Worms, insects, weeds, animal diseases, appropriation. (a) The board may appropriate money for the control of insect and worm pests, weeds, or plant or animal diseases within the county, and select from its members a committee which, upon advice from the county agent that an emergency exists because of the destruction which is being or may be wrought to farm lands farmlands, livestock or crops in the county by any such pests, may take steps necessary to suppress and control such pests. The clerk shall within 10 days notify the department of agriculture, trade and consumer protection of such appropriation and of the members of such committee. The state entomologist and said department shall cooperate with such committee in the execution of measures necessary for the suppression and control of such pests.

(b) When such an emergency exists the committee may draw on the contingent fund, if available, an amount not to exceed $5,000 which shall be disbursed upon certification of the committee for the purposes specified in sub. (1) par. (a) as they relate to worm or insect pests; the treasurer shall pay the amounts so certified. No disbursement shall be made by the committee unless the owner of the premises affected has requested the committee to take steps to suppress or control the pests or when steps have been undertaken by another authority.

201,450 Section 450 . 59.873 of the statutes is renumbered 59.70 (24) and amended to read:

59.70 (24) Lime to farmers. The board may manufacture agricultural lime and sell and distribute it at cost to farmers and may acquire lands for such purposes.

201,451 Section 451 . 59.874 of the statutes is renumbered 59.70 (18) and amended to read:

59.70 (18) Land clearing and weed control. The board may purchase or accept by gift or grant tractors, bulldozers and other equipment for clearing and draining land and controlling weeds on same, and for such purposes to operate or lease the same for work on private lands;. The board may charge fees for such service and for rental of such equipment on a cost basis.

201,452 Section 452 . 59.875 of the statutes is renumbered 59.55 (2) and amended to read:

59.55 (2) Testing milk and soil. The board may appropriate money and provide office and laboratory space for testing milk and soil and may provide residents of the county with reports of such tests.

201,453 Section 453 . 59.876 of the statutes is renumbered 59.53 (18) and amended to read:

59.53 (18) Immigration board. (a) The county board may create a an immigration board of immigration of from consisting of 3 to 5 members, one of whom shall be the county surveyor. Such The immigration board shall meet, and its members shall receive such compensation and expenses and shall serve for such the terms as that the county board determines.

(b) The immigration board shall aid in promoting settlement of vacant agricultural lands in the county, and shall protect prospective settlers from unfair practices.

(c) The county board may in any year appropriate for the carrying out of the work of such the immigration board a sum not to exceed $5,000.

201,454 Section 454 . 59.877 of the statutes is renumbered 59.79 (12) and amended to read:

59.79 (12) Licenses for cats. A county having a population of 500,000 or more may enact Enact an ordinance requiring licenses for cats. The ordinance may require a person who owns or keeps a cat within the county's boundaries to pay a license fee, obtain a license tag and otherwise control the cat. An ordinance enacted under this section subsection shall require the owner of a cat to present evidence that the cat is currently immunized against rabies before a license may be issued. All proceeds from cat licenses shall be used for licensing, regulating and impounding of cats.

201,455 Section 455 . 59.878 of the statutes is renumbered 59.70 (19).

201,456 Section 456 . 59.879 of the statutes is renumbered 59.70 (20) and amended to read:

59.70 (20) Land conservation. (a) Soil and water conservation. Each board is responsible for developing and implementing a soil and water conservation program, that is specified under ch. 92, through its land conservation committee.

(b) Committee powers and duties. The land conservation committee created by the board has the powers and duties that are specified for that committee under ch. 92.

(c) Appropriation of funds. The board may appropriate funds for soil and water conservation and for other purposes relating that relate to land conservation.

(d) Land use and land management. The board may adopt enact ordinances under s. 92.11 regulating that regulate land use and land management practices to promote soil and water conservation.

201,457 Section 457 . 59.88 of the statutes is renumbered 59.72, and 59.72 (1) (c), (3) (intro.) and (5) (a) and (b) (intro.), as renumbered, are amended to read:

59.72 (1) (c) “Local governmental unit" means a city, village, town municipality, regional planning commission, special purpose district or local governmental association, authority, board, commission, department, independent agency, institution or office.

(3) Land information office. (intro.) The board may establish a county land information office or may direct that the functions and duties of the land information office be performed by an existing department, board, commission, agency, institution, authority or office. The county land information office shall:

(5) (a) Before the 16th day of each month a register of deeds shall submit to the land information board $4 from the fee for recording the first page of each instrument that is recorded under s. 59.57 (1) (a) 2. and (6a) (b) or $6 from the fee for recording the first page of each instrument that is recorded under s. 59.57 (1) (a) 3. and (6a) (c) 59.43 (2) (ag) 1. and (e), less any amount retained by the county under par. (b).

(b) (intro.) A county may retain $2 of the $4 submitted under par. (a) from the fee for recording the first page of each instrument that is recorded under s. 59.57 (1) (a) 2. and (6a) (b) or $4 of the $6 submitted under par. (a) from the fee for recording the first page of each instrument that is recorded under s. 59.57 (1) (a) 3. and (6a) (c) 59.43 (2) (ag) 1. and (e) if all of the following conditions are met:

201,458 Section 458 . 59.89 of the statutes is renumbered 59.66 (1) and amended to read:

59.66 (1) Disposition of unclaimed funds by court clerks. (a) On or before January 10 of every odd-numbered year the circuit court clerk of any circuit court in this state shall file with the county treasurer of his or her county a written report under oath of all moneys, securities or funds in his or her hands or under his or her possession or control where, for a period of 4 years or more, no order was made, or no step or proceeding had or taken in the case, action, or proceeding in, by or through which the moneys, securities or funds may have been deposited or left with the clerk or his or her predecessors in office, and where no valid claim was made upon or for any such moneys, securities or funds for a period of 4 years or more, and where the owner or ownership of the moneys, securities or funds is unknown, or undetermined, and the clerk or his or her successor in office shall hold the moneys, securities or funds, together with all interest or profits, until one year after the making of the report unless sooner demanded by and turned over to the legal owners thereof.

(b) One year after the filing of the report the clerk of any circuit court holding or having in his or her possession any such moneys, securities or funds, shall turn the same them over to the county treasurer, unless sooner demanded by and turned over to the legal owners thereof under order of the court in which case, action or proceeding was pending.

(c) On or before March 1 of the same year the county treasurer shall publish in the county, as a class 3 notice, under ch. 985, the fact that he or she has such unclaimed moneys, securities or funds in his or her possession for disposition. If no legal claim is made for such the moneys, securities, or funds within 90 days after the last publication above provided for, then the county treasurer shall turn such the moneys, securities, or funds, together with all interest and profits had thereon, into the general fund of the county treasury, and no action shall may thereafter be maintained by any person, firm, or corporation against the county or the county treasurer for the same or any part thereof moneys, securities or funds.

201,459 Section 459 . 59.90 (title) of the statutes is renumbered 59.66 (2) (title).

201,460 Section 460 . 59.90 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.66 (2) (a) 1. and amended to read:

59.66 (2) (a) 1. On or before January 10 of every odd-numbered year, each city, village, town and county officer of a municipality and county, and each clerk of every court of record, shall file with the treasurer of that person's county a written report under oath giving the names and the last-known addresses of all persons for whom any such officer or clerk holds money or security, and which has not been claimed for at least one year, and showing the amount of the money or the nature of the security in detail. A duplicate report shall also be mailed to the department of financial institutions. Upon receiving the reports the treasurer shall cause to be published a class 3 notice, under ch. 985, on or before February 1 of the same year, which contains the names and last-known addresses of the owners of such the unclaimed money or security, and shall state that unless the owners call for and prove their ownership of the money or security, within 6 months from the time of the completed publication, the treasurer will take possession or control of the money or security.

201,461 Section 461 . 59.90 (1) (b) and (1m) to (3) of the statutes are renumbered 59.66 (2) (a) 2. and (am) to (c) and amended to read:

59.66 (2) (a) 2. In counties with a population of 500,000 or more, the treasurer shall distribute to as many community-based newspapers as possible, that are published in the county, a copy of the notice that is described in par. (a) subd. 1. The treasurer shall distribute these copies of notices at the same time that he or she causes the notices to be published.

(am) Any money or security of which the treasurer has taken possession or control under sub. (1) (a) par. (a) 1. and has had in his or her possession or control for more than 1 one year shall, to the extent possible, be deposited in the county's general revenue fund. Money or security that is deposited under this subsection paragraph may remain in the county's general revenue fund or may be used by the county until the money or security is paid or delivered to its owner, or becomes the property of the county, under sub. (2) par. (b).

(b) If within ten 10 years from the time any such money or security is delivered to the treasurer the owner of the money or security proves to the satisfaction of the treasurer the owner's right to the possession of the money or security, it shall be paid or delivered to the owner. If no such proof is made, then at the end of the ten-year 10-year period the money or property shall become the property of the county. Nothing in this section subsection shall be construed to deprive the owner of any such property of the owner's right to proceed by court action for the recovery of such money or security from the treasurer.

(c) Any person violating the provisions of this section subsection shall, upon conviction, be punished by a fine of fined not less than fifty dollars $50 nor more than two hundred dollars, or by imprisonment in the county jail $200 or imprisoned for not less than 30 days nor more than 6 months.

201,462 Section 462 . 59.903 of the statutes is renumbered 59.66 (3) and amended to read:

59.66 (3) Disposition of unclaimed personal property other than money or securities held by: county institutions, coroner, medical examiner, sheriff. All personal property other than money or securities of deceased persons who at the time of their death are patients at any county institution or whose body is taken in charge by the coroner or medical examiner, shall be preserved by the superintendent of the institution or, the coroner or the medical examiner for one year unless sooner the property is claimed sooner by a person having the legal right thereto to the property. Annually on July 1 the superintendent or, coroner or medical examiner shall make a verified written report listing all personal property which has remained in that person's custody for one year without being claimed and giving all facts as to ownership thereof of the property as that person's records contain. The superintendent, coroner or medical examiner shall file the report with the sheriff of the county and deliver the property to the sheriff, who shall issue a receipt therefor for the property. Thereupon the superintendent or , coroner or medical examiner shall be discharged from further liability for the property, title to which shall then vest in the county. Any property which is left at the county jail for a period of one year after the prisoner has been discharged, transferred or committed and any property, found or stolen, which comes into the hands of the sheriff and in any case remains unclaimed for a period of one year, shall be sold as prescribed in this section subsection. The sheriff shall, on or before August 1 annually, post a notice in 3 public places in the county, briefly describing the property and stating that the sheriff will sell the same property at public auction on a certain date and at a named place, which auction shall be held accordingly. Any of the property which is not disposed of at the auction shall be sold for the best price obtainable, and if the same property cannot be disposed of by sale, shall be destroyed in the presence of the sheriff. The sheriff shall, on or before September 1 annually, remit the proceeds of the auction or general sale to the county treasurer and shall file a verified report of the sheriff's action in connection therewith. The proceeds shall become a part of the general fund of the county.

201,463 Section 463 . 59.94 of the statutes is renumbered 59.76 and amended to read:

59.76 Registration of farms. (1) The owner of any farm or country estate, or that person's authorized agent, may register the name of the farm or estate in the office of the register of deeds of the county in which the farm or estate is situated. The owner or purchaser of the farm or any part of the farm may change or release the name from that person's respective interest in the farm by recording a certificate stating that the original registered name is released. A new name of the farm or any parts of the farm may then be registered. Every register of deeds shall index all registrations of farm documents and make the index available upon request. The index shall contain the name of the owner of the farm or estate and the name for the farm or estate that the owner or agent may designate, if no other farm or estate in the county has been previously registered under the same name. The fee for recording an instrument under this subsection shall be the fee specified under s. 59.57 (1) 59.43 (2) (ag).

(2) Any register of deeds who fails or refuses to register farms under sub. (1), or who charges or collects more than the fee specified under s. 59.57 (1) 59.43 (2) (ag) for recording any such registration, or recording such certificate, or who knowingly registers a farm or estate under a name previously adopted and registered for some other farm or estate in the county, or any person who uses, by way of advertisement or otherwise, the name of any farm or estate registered as provided in this section, to designate or as the name of any farm or estate in the county other than the farm or estate for which the name was registered, unless the name was adopted for and used as the name of the other farm or estate prior to April 6, 1905, shall be fined not less than $5 nor more than $25 or imprisoned for not less than 10 days nor more than 30 days, or both.

201,464 Section 464 . 59.965 of the statutes is renumbered 59.84 and amended to read:

59.84 Expressways and mass transit facilities in populous counties. (1) Definitions. As used in In this section, unless the context indicates otherwise:

(a) “Board" means the county board of supervisors in any county having with a population of 500,000 or more.

(b) “Expressway" means a divided arterial highway for through traffic with full or partial control of access and, generally, with grade separations at intersections.

(bm) “Full control of access" means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections.

(em) “Partial control of access" means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections. The board shall have power to determine whether full or partial control of access shall be exercised.

(c) “Expressway project" means an integral portion of the expressway that may be put to public use independently of other expressway projects.

(d) “Expressway project budget" means the plan of financial operation embodying an estimate of proposed expenditures for the an expressway project and the proposed means of financing them.

(e) “Mass transit" includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rights-of-way or existing expressways constructed before May 17, 1978, highway control devices, bus passenger loading areas and terminal facilities, including shelters, and fringe and corridor parking facilities to serve bus and other public mass transportation passengers, together with the acquisition, construction, reconstruction and maintenance of lands and facilities for the development, improvement and use of public mass transportation systems for the transportation of passengers.

(f) “Prior expressway project expenditures" means obligations incurred and expenditures financed from funds obtained from local tax levy sources, or from the proceeds of the sale of bonds, by a municipality in the county for the acquisition and clearing of the right-of-way and construction of expressway projects which are incomplete and have not been substantially put to public use at the time the county expressway commission was created and the transfer of the function to the commission was effectuated under s. 59.965, 1977 stats., together with any funds so financed in the state treasury under control of the department of transportation to the credit of an expressway project, any funds which the municipality, subsequent to the creation of the county expressway commission under s. 59.965, 1977 stats., and prior to May 17, 1980, transmitted to the department of transportation for credit to an expressway project that is authorized by the county expressway commission and any funds which the municipality may, subsequent to May 17, 1980, transmit to the department of transportation for credit to an expressway project authorized by the board.

(2) Powers and duties. In any county having a population of 500,000 or more, the The board is charged with the duty and vested with all powers necessary to plan, acquire the right-of-way for and construct an expressway system and mass transit facilities in the county and to administer each expressway and mass transit project until it is certified as completed; to coordinate planning of expressways and mass transit facilities by other public agencies to the extent required to ensure that an acceptable general plan of expressways and mass transit facilities to serve the entire county will be achieved; to determine whether full control of access or partial control of access shall be exercised; to cooperate with public and private agencies in mass transit and expressway applications; including, without limitation by reason because of enumeration, the power to contract and the following powers and duties:

(a) Plans for expressways. The board shall consider and tentatively adopt a general plan of expressways to serve the entire county. The plan shall be presented to the governing body of each municipality through which a part of the expressway system is routed for its consideration and approval. The board may by formal action modify the general plan to meet objections raised by the governing body of any municipality through which a route of the expressway passes. If the approval of the governing body is not granted within 60 days from the date of submission, the board shall present the general plan to the department of transportation, which shall hold a public hearing on that part of the plan which is located in such municipality. After the hearing, the department of transportation shall make recommendations to the board with reference to the matters objected to by the municipal governing body. Thereafter the board shall incorporate the recommendations in its general plan. When the approval of the necessary local governing bodies has been obtained or the recommendation of the department of transportation has been obtained in lieu thereof, the general plan shall be finally adopted by the board. Thereafter, the board may amend the general plan as it deems considers proper.