1995 Wisconsin Act 201

201,70 Section 70 . 46.23 (6m) (intro.) of the statutes is amended to read:

46.23 (6m) County human services director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of human services, the county executive or county administrator shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county human services director, subject only to the supervision of the county executive or county administrator, shall:

201,71 Section 71 . 46.25 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) pursuant to a contract entered into under s. 59.07 (97) 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97) 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department of industry, labor and job development may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and family services for the purpose of disbursing the transferred funds, under a formula established by the department of health and social services, to carry out a contract under this subsection.

201,72 Section 72 . 46.255 (1) of the statutes is amended to read:

46.255 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court, upon application of the county designee under s. 59.07 (97) 59.53 (5) or the department, shall certify the delinquent payment or outstanding amount to the department.

201,73 Section 73 . 46.255 (6) of the statutes is amended to read:

46.255 (6) If the state implements the child and spousal support and paternity program under s. 59.07 (97) 59.53 (5), the state may act in place of the county designee under this section.

201,74 Section 74 . 46.28 (1) (e) 6. of the statutes is amended to read:

46.28 (1) (e) 6. Any housing authority created under s. 59.075 59.53 (22), 66.395, 66.40 or 66.4325.

201,75 Section 75 . 46.56 (2) of the statutes is amended to read:

46.56 (2) Establishment of programs. If a county board of supervisors establishes a program under s. 59.07 (147) 59.53 (7), it shall appoint a coordinating committee and designate an administering agency. The program may be funded by the county or the county board of supervisors may apply for funding by the state in accordance with sub. (15).

201,76 Section 76 . 46.973 (2m) (a) 7. of the statutes is amended to read:

46.973 (2m) (a) 7. The amount of funds retained by counties under s. 59.20 (8) 59.25 (3) (j).

201,77 Section 77 . 48.299 (6) of the statutes is amended to read:

48.299 (6) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice, alleges that he is the father of the child and states that he wishes to establish the paternity of the child, the court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child. The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the child if the child is found to be in need of protection or services. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child's mother relating to the child's paternity. A record made under this subsection is admissible in a proceeding to determine the child's paternity under ss. 767.45 to 767.60.

201,78 Section 78 . 48.33 (4) (b) of the statutes is amended to read:

48.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

201,79 Section 79 . 48.355 (2) (b) 4. of the statutes is amended to read:

48.355 (2) (b) 4. If the child is placed outside the child's home, a designation of the amount of support, if any, to be paid by the child's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

201,80 Section 80 . 49.71 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.71 (2) In counties with a population of 500,000 or more, an institution established under sub. (1) shall be governed under s. 46.21 or 59.07 (153) 59.79 (10), but in all other counties it shall be governed under ss. 46.18, 46.19 and 46.20.

201,81 Section 81 . 49.96 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154) 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

201,82 Section 82 . 51.20 (18) (c) of the statutes is amended to read:

51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.77 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with ch. 977.

201,83 Section 83 . 51.42 (3) (ar) 1. of the statutes is amended to read:

51.42 (3) (ar) 1. Enter into contracts to render services to or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.07 (44), 59.456 59.42 (1) and (2) (b) and 978.05, any multicounty department of community programs may contract for professional legal services that are necessary to carry out the duties of the multicounty department of community programs if the corporation counsel of each county of the multicounty department of community programs has notified the multicounty department of community programs that he or she is unable to provide those services in a timely manner.

201,84 Section 84 . 51.42 (3) (ar) 14. of the statutes is amended to read:

51.42 (3) (ar) 14. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), participate in and may administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

201,85 Section 85 . 51.42 (6m) (intro.) of the statutes is amended to read:

51.42 (6m) County community programs director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of community programs, the county executive or county administrator shall appoint and supervise the county community programs director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county community programs director. The appointment of a county community programs director under this subsection shall be on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, mental retardation, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the director. The appointment of a county community programs director under this subsection is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county community programs director, subject only to the supervision of the county executive or county administrator, shall:

201,86 Section 86 . 51.437 (4m) (f) of the statutes is amended to read:

51.437 (4m) (f) Enter into contracts to provide or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.07 (44), 59.456 59.42 (1) and (2) (b) and 978.05, any multicounty department of developmental disabilities services may contract for professional legal services that are necessary to carry out the duties of the multicounty department of developmental disabilities services if the corporation counsel of each county of the multicounty department of developmental disabilities services has notified the multicounty department of developmental disabilities services that he or she is unable to provide those services in a timely manner.

201,87 Section 87 . 51.437 (4m) (m) of the statutes is amended to read:

51.437 (4m) (m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), participate in an integrated service program for children with severe disabilities under s. 59.07 (147), including entering into any written interagency agreements or contracts.

201,88 Section 88. 51.437 (4r) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 64, is amended to read:

51.437 (4r) (a) 3. May administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), if the county board of supervisors establishes an integrated service program for children with severe disabilities.

201,89 Section 89 . 51.437 (10m) (intro.) of the statutes is amended to read:

51.437 (10m) County developmental disabilities services director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall:

201,90 Section 90 . Subchapter I (title) of chapter 59 [precedes 59.001] of the statutes is created to read:

Chapter 59

Subchapter I
Definitions

201,91 Section 91 . 59.001 (2m) and (3) of the statutes are amended to read:

(2m) “Members-elect" means those members of a the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office.

(3) “Municipality" includes cities, villages and towns means any city, village or town.

201,92 Section 92 . 59.001 (2r) and (3m) of the statutes are created to read:

59.001 (2r) “Municipal clerk" means the clerk of a municipality.

(3m) “Municipal treasurer" means the treasurer of a municipality.

201,93 Section 93 . Subchapter II (title) of chapter 59 [precedes 59.01] of the statutes is created to read:

Chapter 59

Subchapter II
Legal status; organization

201,94 Section 94 . 59.01 (title) of the statutes is repealed.

201,95 Section 95 . 59.01 (1) of the statutes is renumbered 59.01 and amended to read:

59.01 (title) Status Body corporate; status. Each county in this state is a body corporate, empowered authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. 23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

201,96 Section 96 . 59.02 of the statutes is amended to read:

59.02 Powers, how exercised; quorum. (1) The powers of a county as a body corporate can only be exercised by the board thereof, or in pursuance of a resolution adopted or ordinance adopted by it enacted by the board.

(2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: “The county board of supervisors of the county of .... does ordain as follows".

(3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided.

201,97 Section 97 . 59.025 of the statutes is renumbered 59.03 (1) and amended to read:

59.03 (1) Administrative home rule. Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county.

201,98 Section 98 . 59.026 of the statutes is renumbered 59.04 and amended to read:

59.04 Construction of powers. For the purpose of giving to To give counties the largest measure of self-government in accordance with the spirit of under the administrative home rule authority granted to counties in s. 59.025, it is hereby declared that 59.03 (1), this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise any organizational or administrative power.

201,99 Section 99 . 59.03 (title) of the statutes is created to read:

59.03 (title) Home rule.

201,100 Section 100 . 59.03 of the statutes is renumbered 59.10, and 59.10 (intro.), (1), (2), (3) (a), (b) 1. and 2., (c) to (j) and (4) to (6), as renumbered, are amended to read:

59.10 Boards; composition; election; terms; compensation; compatibility. (intro.) The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each county board shall act under sub. (2), (3) or (5), unless the county board adopts enacts an ordinance, by a majority vote of the entire membership, to act under sub. (1). If a county board adopts enacts such ordinance, a certified copy shall be filed with the secretary of state.

(1) Self-organized counties. (a) Number of supervisors and apportionment of supervisory districts. In each county having with a population of at least 500,000, sub. (2) (a) and (b) shall apply applies. In counties having with a population of less than 500,000 and more than one town, sub. (3) (a) to (c) shall apply applies. In counties having with one town only, sub. (5) shall apply applies.

(b) Terms. The term of office of supervisors shall be is 2 years. A county board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, prior to before publication of the notice of the election at which supervisors are to be elected.

(c) Compensation. The method of compensation for supervisors shall be determined by the county board.

(d) Vacancies. A county board may determine the procedure for filling a vacancy.

(2) Milwaukee county. In each county having with a population of at least 500,000:

(a) Composition; supervisory districts. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with sub. (3) (b) 1. The board shall adopt a final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4.

(b) Election; term. Supervisors shall be elected for 4-year terms of 4 years at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms, and shall take office on the 3rd Monday in April following their election.

(c) Compensation. Each supervisor shall be paid by the county an annual salary set by the county board. The board may provide additional compensation for the chairperson. Section 66.196 applies to this paragraph.

(3) (a) Classification; maximum number of supervisors. Counties having with a population of less than 500,000 and more than one town are classified and entitled to a maximum number of county board supervisors as follows:

1. Counties having with a population of less than 500,000 but at least 100,000 shall have no more than 47 supervisors.

2. Counties having with a population of less than 100,000 but at least 50,000 shall have no more than 39 supervisors.

3. Counties having with a population of less than 50,000 but at least 25,000 shall have no more than 31 supervisors.

4. Counties having with a population of less than 25,000 and containing more than one town shall have no more than 21 supervisors.

5. If the population of any county is within 2% of the minimum population for the next most populous grouping under this paragraph, the county board thereof, in establishing supervisory districts, may employ the maximum number for such districts set for such next most populous grouping.

(b) 1. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, each board shall propose a tentative county supervisory district plan setting forth the number of supervisory districts and tentative boundaries or a description of boundary requirements, hold a public hearing on the proposed plan and adopt a tentative plan. The proposed plan may be amended after the public hearing. The board shall solicit suggestions from municipalities concerning the development of an appropriate plan. The board shall transmit to each municipal governing body in the county the tentative plan that is adopted. Each district shall consist of whole wards or municipalities. Each district shall be designated to be represented by one supervisor, and all districts shall be substantially equal in population. In the tentative plan, the board shall, whenever possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In the event that a If the division of a municipality is sought by the board, the board shall provide with the plan a written statement to the municipality affected by each proposed division specifying the approximate location of the territory from which a ward is sought to be created for contiguity purposes and the approximate population of the ward proposed to effectuate the division.

2. Within 60 days after every municipality in the county adjusts its wards under s. 5.15, the board shall hold a public hearing and thereafter shall then adopt a final supervisory district plan, numbering each district. Wards within each supervisory district created by the plan shall be contiguous, except that one or more wards located within a city or village which is wholly surrounded by another city or water, or both, may be combined with one or more noncontiguous wards, or one or more wards or portions thereof of wards consisting of island territory as defined in s. 5.15 (2) (f) 3. may be combined with one or more noncontiguous wards or portions thereof of wards within the same municipality, to form a supervisory district.

(c) Changes during decade. After the enactment of a plan of supervisory districts under par. (b), a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the county board. The number of supervisory districts in the county shall not be changed by any action under this paragraph. Any plan of county supervisory districts enacted under par. (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the county board under par. (b) and filed with the secretary of state.

(d) Election and term of supervisors. Supervisors are county officers and, shall be elected for 2-year terms at the election to be held on the first Tuesday in April in even-numbered years and shall take office on the 3rd Tuesday in April of that year.

(e) Vacancies. In the event of If a vacancy occurs on the board, the board chairperson with the approval of the board shall appoint a person who is a qualified elector and resident of the supervisory district to fill the vacancy for the unexpired portion of the term to which the person is appointed and until his or her successor is elected and qualified.

(f) Compensation. Each supervisor shall be paid a per diem by the county for each day the supervisor that he or she attends a meeting of the board. Any board may, at its annual meeting, by a two-thirds vote of all the members, fix the compensation of the board members to be next elected. Any board may also provide additional compensation for the chairperson.

(g) Mileage. Each supervisor shall, for each day the supervisor that he or she attends a meeting of the board, receive mileage for each mile traveled in going to and returning from the meetings by the most usual traveled route at the rate established by the board pursuant to s. 59.15 under s. 59.22 as the standard mileage allowance for all county employes and officers.

(h) Limitation on compensation. Except for services as a member of a committee as provided in s. 59.06 59.13 no supervisor shall be paid for more days' attendance on the board in any year than is set out in this schedule: In in counties having a population of less than 25,000, 20 days; at least 25,000 but less than 100,000, 25 days; more than at least 100,000 but less than 500,000, 30 days.