SB639, s. 311
7Section
311. 59.38 of the statutes is renumbered 59.40 (1) and amended to
8read:
SB639,173,199
59.40
(1) Clerk of court; deputies; chief deputy; division chief deputies;
10calendar deputy clerk in certain counties. (a)
Counties of less than 500,000
11population. Every clerk of the circuit court shall appoint one or more deputies and
12the appointments shall be approved by the majority of circuit judges for the county,
13but shall be revocable by the clerk at pleasure, except in counties having a population
14of 500,000 or more. The appointments and revocations shall be in writing and
shall
15be filed in the clerk's office. The deputies shall aid the clerk in the discharge of the
16clerk's duties. In the absence of the clerk from the office or from the court
they, the
17deputies may perform all the clerk's duties; or in case of a vacancy by resignation,
18death, removal or other cause the deputy appointed shall perform all such duties
19until the vacancy is filled.
SB639,174,820
(b)
Counties of more than 500,000 population. In counties having a population
21of 500,000 or more the clerk shall appoint one chief deputy and 4 assistant chief
22deputy clerks, 3 calendar deputy clerks, and one or more deputy clerks as the
county 23board authorizes. The deputy clerks shall aid the clerk in the discharge of the clerk's
24duties under the supervision of the clerk, the chief deputy clerk and the assistant
25chief deputy clerks. The appointments of the chief deputy clerk who is exempt from
1classified civil service and the calendar deputy clerks shall be in writing and filed in
2the clerk's office. These appointments shall be approved by the chief judge of the
3judicial administrative district, but are revocable at the pleasure of the clerk. The
4chief deputy clerk has all powers and duties of assistant chief deputy clerks, deputy
5clerks, and other court assistants except bailiffs and reporters and in the absence of
6the clerk from the office or from the court, the chief deputy clerk may perform all of
7the clerk's duties; or in case of a vacancy by resignation, death, removal or other
8cause the chief deputy clerk shall perform all such duties until the vacancy is filled.
SB639, s. 312
9Section
312. 59.39 (intro.) of the statutes is renumbered 59.40 (2) (intro.).
SB639,174,1612
59.40
(2) (a) File and keep all papers properly deposited with him or her in
13every action or proceeding unless required to transmit
such the papers.
Such The 14papers may be microfilmed or microphotographed, or transferred to optical disks or
15electronic format if authorized under s.
59.145 59.52 (14), and the originals may
16thereafter be destroyed upon compliance with SCR chapter 72.
SB639,175,217
(b) Keep a court record and write
therein in that record the names of parties
18in every civil action or proceeding in the court, the names of attorneys representing
19the parties, a brief statement of the nature of the action or proceeding, the date of
20filing every paper therein and of each proceeding taken, the file
wherein in which the
21papers can be found, the time when
the action or proceeding is put on the calendar
22for trial, and when and how
the action or proceeding is disposed of; the location where
23minutes in every case can be found and the place in the judgment record or microfilm
24or optical disc or electronic file where any judgment, order or report has been
1recorded, so as to make the court record a history in brief of each action or proceeding
2from beginning to final disposition; and a complete index of all proceedings therein.
SB639, s. 314
3Section
314. 59.39 (3) and (4) of the statutes are renumbered 59.40 (2) (c) and
4(d) and amended to read:
SB639,175,85
59.40
(2) (c) Keep a criminal record and write
therein in that record a history
6in every criminal action like the court record in civil actions and proceedings with
7references to the file where papers in the action can be found, to the minute record
8and to the information record where indictments and informations can be found.
SB639,175,149
(d) Keep a minute record and, except for actions under ch. 799, write
therein 10in that record a brief statement of all proceedings in open court showing motions and
11orders during trial, names of witnesses, jurors drawn, the officer sworn to take them
12in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu
13of keeping a minute record, may elect to incorporate in the appropriate court record,
14civil or criminal, the data which this
subsection
paragraph requires to be recorded.
SB639, s. 315
15Section
315. 59.39 (7) and (8) of the statutes, as affected by 1995 Wisconsin
16Act .... (Senate Bill 344), are renumbered 59.40 (2) (e) and (f).
SB639, s. 316
17Section
316. 59.39 (9) of the statutes is renumbered 59.40 (2) (g) and amended
18to read:
SB639,175,2019
59.40
(2) (g) Keep an index
or indices to: to the court record, the criminal record,
20the judgment record and the lien record.
SB639, s. 317
21Section
317. 59.39 (9m) of the statutes is renumbered 59.40 (2) (h).
SB639, s. 318
22Section
318. 59.39 (10) of the statutes, as affected by 1995 Wisconsin Act ....
23(Senate Bill 344), is renumbered 59.40 (2) (i).
SB639, s. 319
24Section
319. 59.395 (intro.) and (1) of the statutes are repealed.
SB639, s. 320
1Section
320. 59.395 (2) to (5), (5m) and (6) to (8) of the statutes are renumbered
259.40 (2) (j) to (q) and amended to read:
SB639,176,83
59.40
(2) (j) Keep a record called registers of officials and write or copy
therein 4in the record in tabular form the names of court commissioners, deputy sheriffs,
5notaries public and municipal judges. The clerk shall list the officers' names, the
6dates of their qualification and the commencement and termination, if any, of their
7terms. The names shall be in alphabetical order or there shall be an index in
8alphabetical order to the names.
SB639,176,149
(k) Keep a record called certificate lists and write or copy
therein in the record 10a list of all certificates issued by him or her to witnesses, interpreters, jurors, sheriffs,
11deputy sheriffs and deputy clerks, stating the persons to whom issued, the number,
12date and amount of each certificate. At each annual session of the board, the board
13may request that the clerk prepare a summary report of certificates issued in the
14previous year.
SB639,176,1615
(L) Send to the secretary of state on or before June 1 of each year
a certified
lists 16list of all municipal judges who filed their official bonds during the preceding year.
SB639,177,1217
(m) Pay monthly to the
county treasurer for the use of the state the state's
18percentage of the fees required to be paid on each civil action, criminal action and
19special proceeding filed during the preceding month and pay monthly to the
county 20treasurer for the use of the state the percentage of court imposed fines and forfeitures
21required by law to be deposited in the state treasury, the amounts required by s.
22165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
23167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the
24crime victim and witness assistance surcharge, the amounts required by s. 973.046
25for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41
1(5) for the drug abuse program improvement surcharge, the amounts authorized by
2s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment
3surcharge, the amounts required by s. 346.655 for the driver improvement
4surcharge, the amounts required by s. 102.85 (4) for the uninsured employer
5assessment, the amounts required by s. 144.992 for the environmental assessment,
6the amounts required under s. 29.9965 for the wild animal protection assessment,
7the amounts required under s. 29.997 (1) (d) for the natural resources assessment
8surcharge, the amounts required by s. 29.9967 for the fishing shelter removal
9assessment, the amounts required by s. 350.115 for the snowmobile registration
10restitution payment and the amounts required under s. 29.998 (1) (d) for the natural
11resources restitution payments. The payments shall be made by the 15th day of the
12month following receipt thereof.
SB639,177,1513
(n) Pay monthly to the
county treasurer the amounts required by s. 302.46 (1)
14for the jail assessment surcharge. The payments shall be made by the 15th day of
15the month following receipt thereof.
SB639,177,1816
(o) Address process to the coroner if a party, the party's agent or
the party's 17attorney files an affidavit that the party believes the sheriff will not properly perform
18the sheriff's duty in such action.
SB639,177,2319
(p) Cooperate with the department of health and family services with respect
20to the child and spousal support and establishment of paternity and medical liability
21support program under ss. 46.25 and
59.07 (97) 59.53 (5), and provide that
22department with any information from court records which it requires to administer
23that program.
SB639,177,2424
(q) Perform
such all other duties
as that are required by law.
SB639,178,103
59.40
(4) Clerk of circuit court; collection agency contract. If authorized
4by the
county board under s.
59.07 (155) 59.52 (28), the clerk of circuit court may
5contract with a collection agency for the collection of unpaid fines and forfeitures.
6Any contract entered into shall provide that the collection agency shall be paid from
7the proceeds recovered by the collection agency. The net proceeds received by the
8clerk of circuit court after the payment to the collection agency shall be considered
9the amount of fines and forfeitures collected for purposes of distribution to the state
10and county under
s. 59.395 (5) sub. (2) (m).
SB639, s. 322
11Section
322. 59.40 (title) of the statutes is created to read:
SB639,178,12
1259.40 (title)
Clerk of court.
SB639, s. 323
13Section
323. 59.40 of the statutes is renumbered 59.41 and amended to read:
SB639,178,17
1459.41 Not to act as attorney. No person acting as clerk of any circuit court
15in this state may practice as
an attorney or solicitor in the court in which the person
16is acting as clerk; and the person shall not be eligible for the office of municipal judge
17during the time
that the person holds the office of the clerk.
SB639, s. 324
18Section
324. 59.42 (title) of the statutes is created to read:
SB639,178,19
1959.42 (title)
Corporation counsel.
SB639, s. 325
20Section
325. 59.42 of the statutes is renumbered 59.40 (3) and amended to
21read:
SB639,178,2522
59.40
(3) Clerk of court; fees; investment of funds. (a) The clerk of the circuit
23court shall collect the fees
that are prescribed in ss. 814.60 to 814.63. The clerk may
24refuse to accept any paper for filing or recording until the fee prescribed in subch. II
25of ch. 814 or any applicable statute is paid.
SB639,179,4
1(b) Except as provided in
sub. (3) par. (c), the clerk may invest any funds
that
2are paid into his or her office and
which are being held for repayment. The
3investments shall be made in suitably protected accounts in the manner specified in
4s. 66.04 (2) and all income that may accrue shall be paid into the county general fund.
SB639,179,75
(c) A judge may direct that
sub. (2) par. (b) does not apply to certain funds paid
6into the office. The judge's authority applies only to funds relating to cases before
7his or her court.
SB639, s. 326
8Section
326. 59.43 (title) of the statutes is created to read:
SB639,179,9
959.43 (title)
Register of deeds; duties, fees, deputies.
SB639, s. 327
10Section
327. 59.43 (12) (title) of the statutes is created to read:
SB639,179,1211
59.43
(12) (title)
Destruction, transfer of documents; recording, indexing
12documents.
SB639, s. 328
13Section
328. 59.45 (title) of the statutes is created to read:
SB639,179,14
1459.45 (title)
County surveyor; duties, deputies, fees.
SB639, s. 329
15Section
329. 59.455 (title) of the statutes is renumbered 59.42 (2) (title) and
16amended to read:
SB639,179,1817
59.42
(2) (title)
Corporation counsel in special counties; appointment,
18dismissal and duties.
SB639, s. 330
19Section
330. 59.455 of the statutes is renumbered 59.42 (2) (a) and amended
20to read:
SB639,180,1521
59.42
(2) (a) In
any a county with a population of 500,000 or more there is
22created the office of corporation counsel, and such deputy corporation counsels,
23assistants, stenographers and clerks at such salaries as are authorized by the
county 24board
of supervisors. The corporation counsel and deputy and assistant corporation
25counsels shall be attorneys at law licensed to practice in this state. All such offices
1and positions shall be in the classified civil service of the county except the
2corporation counsel, who is in the unclassified service. The corporation counsel shall
3be appointed by the county executive, with the concurrence of a majority of the board
4and shall not serve at the pleasure of the county executive. Any incumbent
5corporation counsel serving on August 1, 1990, shall retain that position and title
6until a new appointee is confirmed by the board. The corporation counsel may be
7dismissed at any time by the county executive with the concurrence of a majority of
8the members-elect of the board. The corporation counsel may also be dismissed at
9any time by a majority vote of the board. If the county executive vetoes an action by
10the board to dismiss the corporation counsel, the board may override the veto by a
11two-thirds vote of the members-elect of the board. The corporation counsel shall
12appoint deputies, assistants and clerical and stenographic help. Deputy corporation
13counsels shall have, according to their rank and seniority, the powers and duties of
14the corporation counsel in his or her absence or disability. The corporation counsel
15and deputy corporation counsels shall take and file the constitutional oath of office.
SB639, s. 331
16Section
331. 59.456 (title) of the statutes is repealed.
SB639, s. 332
17Section
332. 59.456 (intro.), (1) to (3) and (5) of the statutes are renumbered
1859.42 (2) (b) (intro.) and 1. to 4. and amended to read:
SB639,180,2119
59.42
(2) (b) (intro.) The duties of the corporation counsel and assistant
20corporation counsels shall be, without
restriction
limitation because of enumeration,
21to:
SB639,181,422
1. Prosecute and defend all civil actions, proceedings, applications and motions
23in any court, commission, board, tribunal or body in any jurisdiction of this or other
24states or of the nation in which the county or any board, commission, committee or
25officer thereof is interested or a party by virtue of
such the office; and shall in like
1manner represent or assist in representing the state, or any commission, board,
2agency or tribunal of the state, in such civil actions or proceedings when requested
3to do so by the attorney general or when the district attorney of
said the county is
4required by any statute to do so.
SB639,181,145
2. Give advice to the
county board
of supervisors, county park commission,
6county department under s. 46.215 or 46.22 and other departments, boards,
7commissions, committees, agencies or officers of the county, when requested, in all
8civil matters in which the county or state is interested or relating to the discharge
9of the official duties of such departments, boards, commissions, committees, agencies
10or officers; examine all claims against the county for officers', interpreters',
11witnesses' and jurors' fees in civil actions and examinations, when presented to the
12county board of supervisors, and report in writing thereto as to the liability of the
13county for any and all claims of whatever nature filed against it; and act as legislative
14counsel for the county board of supervisors when so authorized by it.
SB639,181,1915
3. Serve as legal adviser to the county highway commissioner and county
16highway committee
and, draw all papers required in the performance of their duties
17and attend to all civil legal matters in and out of court where
such the commissioner
18or committee is a party or wherein the acquisition of lands for state or county
19highway purposes is concerned.
SB639,182,820
4. Perform all duties in connection with civil matters relating to the county or
21any agency, board, commission or officer thereof or to the state within
said the county
22now or hereafter that are imposed by any statute upon the district attorney of
such 23the county and for such purposes the term "district attorney" wherever it appears in
24the statutes relating to duties of a civil nature shall, with regard to counties
25containing a population of 500,000 or more, mean the corporation counsel. Opinions
1of the corporation counsel shall have the same force and effect as opinions of the
2district attorney except that in matters relating to elections the district attorney
3shall have the right of review. After May 17, 1957
, the district attorney's powers and
4duties as to civil matters shall cease to the extent that they are
herein or hereafter 5conferred upon the corporation counsel and the district attorney shall be relieved of
6the responsibility of performing such duties. The corporation counsel may request
7the attorney general to consult and advise with the corporation counsel in the same
8manner as district attorneys under s. 165.25 (3).
SB639, s. 333
9Section
333. 59.457 of the statutes is renumbered 59.42 (3) and amended to
10read:
SB639,182,1811
59.42
(3) Corporation counsel; attorney designee. In lieu of employing a
12corporation counsel under
s. 59.07 (44) sub. (1) or in addition to employing a
13corporation counsel under
s. 59.07 (44) or 59.455, a county sub. (1) or (2) (a), a board
14shall designate an attorney to perform the duties of a corporation counsel as the need
15arises. Two or more counties may jointly designate an attorney to perform the duties
16of a corporation counsel. If an attorney has been designated to perform the duties
17of a corporation counsel, that person may exercise any powers and perform any
18duties of the corporation counsel.
SB639, s. 334
19Section
334. 59.458 of the statutes is renumbered 59.53 (6) and amended to
20read:
SB639,182,2521
59.53
(6) Attorneys; support enforcement responsibility. (a) 1. Except as
22provided in
par. (b) subd. 2., each
county board shall employ or contract with
23attorneys to provide support enforcement.
Sections 59.07 (44), 59.455 and 59.457 do 24Section 59.42 (1), (2) (a) and (3) does not preclude a
county board from assigning these
25support enforcement duties to any attorney employed by the county.
SB639,183,12
12. If
, on June 1, 1989, a county has 1.0 or more full-time equivalent attorney
2positions that have primary responsibility for handling cases described in
sub. (2) 3par. (b), as determined by the district attorney of the prosecutorial unit, the county
4shall establish and maintain a support enforcement office consisting of support
5enforcement attorneys and office personnel. In counties having a population of less
6than 500,000, a county budget under s. 65.90 shall list the proposed appropriation
7under s. 65.90 (2) for the support enforcement office separate from any other office,
8department or activity. In counties having a population of 500,000 or more, a county
9budget shall treat a support enforcement office as a department, as defined in s.
1059.84 59.60 (2) (a), separate from all other departments. If a county ceases to employ
111.0 or more full-time equivalent attorney positions in the office, the county may
12provide support enforcement under
par. (a) subd. 1.
SB639,183,1613
(b) Attorneys responsible for support enforcement under
sub. (1) par. (a) shall
14institute, commence, appear in or perform other prescribed duties in actions or
15proceedings under
sub. (5) and ss. 46.25 (7),
59.07 (97), 767.075, 767.08 and 767.45
16and ch. 769.
SB639,183,2017
(c) If the place of trial is changed to another county in any action or proceeding
18under
sub. (2) par. (b), an attorney responsible for support enforcement under
sub.
19(1) par. (a) shall continue to prosecute or defend the action or proceeding in the other
20county.
SB639, s. 335
21Section
335. 59.50 of the statutes is renumbered 59.43 (3) and amended to
22read:
SB639,184,523
59.43
(3) Register of deeds; deputies. Every register of deeds shall appoint
24one or more deputies, who shall hold office at the register's pleasure. The
25appointment shall be in writing and
shall be filed and recorded in the register's office.
1The deputy or deputies shall aid the register in the performance of the register's
2duties under the register's direction, and in case of
the register's vacancy or the
3register's absence or inability to perform the duties of the register's office the deputy
4or deputies shall perform the duties of register until the vacancy is filled or during
5the continuance of the absence or inability.
SB639, s. 336
6Section
336. Subchapter V (title) of chapter 59 [precedes 59.51] of the statutes
7is created to read:
SB639,184,109
Subchapter V
10
Powers and duties of counties
SB639, s. 337
11Section
337. 59.51 (title) of the statutes is created to read:
SB639,184,12
1259.51 (title)
Board powers.
SB639, s. 338
13Section
338. 59.51 (intro.) of the statutes is renumbered 59.43 (1) (intro.).
SB639,185,916
59.43
(1) (a) Record or cause to be recorded in suitable books to be kept in his
17or her office, correctly and legibly all deeds, mortgages, maps, instruments and
18writings authorized by law to be recorded in his or her office and left with him or her
19for that purpose, provided such documents have plainly printed or typewritten
20thereon the names of the grantors, grantees, witnesses and notary. Any county, by
21board a resolution duly adopted
by the board, may combine the separate books or
22volumes for deeds, mortgages, miscellaneous instruments, attachments, lis
23pendens, sales and notices, certificates of organization of corporations, plats or other
24recorded or filed instruments or classes of documents as long as separate indexes are
25maintained. Notwithstanding any other provisions of the statutes, any county
1adopting a system of microfilming or like process or a system of recording documents
2by optical imaging or electronic formatting
pursuant to under ch. 228 may substitute
3the headings, reel, disk or electronic file name and microfilm image (frame) for
4volume and page where recorded and different classes of instruments may be
5recorded, reproduced or copied on or transferred to the same reel, disk or electronic
6file or part of a reel or disk. All recordings made prior to June 28, 1961, which would
7have been valid under this paragraph, had this paragraph then been in effect, are
8hereby validated.
In this subsection, "book", if automated recording or indexing
9equipment is used, includes the meaning given under sub. (12) (d).
SB639, s. 340
10Section
340. 59.51 (1m) to (10) of the statutes are renumbered 59.43 (1) (b) to
11(k) and amended to read:
SB639,185,1312
59.43
(1) (b) Perform the duties
that are related to vital statistics under ss.
1369.05 and 69.07.
SB639,185,1814
(c) State upon the record of any instrument the number and denomination of
15all United States internal revenue stamps
, if any,
that are affixed thereto and shall
16also state upon the record the real estate transfer fee paid or, if the conveyance is not
17subject to a fee, the reason for the exemption, citing the relevant subsection of s.
1877.25.
SB639,185,2019
(d) Keep the
several books and indexes
hereinafter mentioned
in this section 20in the manner required.
SB639,185,2421
(e)
Indorse Endorse upon each instrument or writing received by the register
22for record a certificate of the time when it was received, specifying the day, hour and
23minute of reception and the volume and page where the same is recorded, which shall
24be evidence of such facts.
SB639,186,4
1(f)
Indorse Endorse plainly on each instrument received for record, or file as
2soon as received a number consecutive to the number affixed to the instrument next
3previously received according to the numbering now established, and to enter the
4same in the indexes.
SB639,186,75
(g) Safely keep and return to the party entitled thereto, on demand within a
6reasonable time, every instrument
that is left with the register for record not
7required by law to be kept in the register's office.
SB639,186,98
(h) Register, file and index
as directed by law, all marriages contracted, deaths
9and births occurring in the county.
SB639,186,1210
(i) Make and deliver to any person, on demand and
upon payment of the
legal 11required fees
therefor, a
certified copy
duly certified, with the register's official seal
12affixed, of any record, paper, file, map or plat in the register's office.
SB639,186,1513
(j) File and safely keep in the register's office all
of the records, documents and
14papers of any post of the Grand Army of the Republic and of any historical society
15in the register's county.
SB639,186,2016
(k) Keep a book and record
therein in that book all certificates of organization
17of corporations, and all amendments
thereof of such certificates that are filed or
18required
by law to be recorded in the register's office, and an alphabetical index of
19the names of such corporations, with a reference to the number and page of the
20volume where such writings are recorded respectively.
SB639,187,1423
59.43
(1) (L) File all documents pertaining to security interests in personal
24property, crops or fixtures that are required or authorized by law to be filed with the
25register. Except as otherwise prescribed by the department of financial institutions
1pursuant to under ss. 409.403 to 409.406, these documents shall be executed on
2white or light colored sheets of paper, 8 or
8-1/2
8.5 inches wide and 5, 7,
10-1/2 10.5 3or 14 inches long. Whenever there is offered for filing any document that varies more
4than one-eighth of an inch from the approved size, or that is not on a standard form
5prescribed by the department of financial institutions, then in addition to the regular
6filing fee an additional filing fee shall be charged by the register of deeds, as
7prescribed by
s. 59.57 sub. (2). No assignment, release or other instrument shall be
8offered for filing that is executed or endorsed on any other document, but each shall
9be a separate and distinct document, except those assignments or notices that are
10printed or written on and immediately following the original agreement or financing
11statement, offered for filing at the same time, shall be considered as one document.
12All
of these documents shall be legibly written, and shall have the names of the
13debtor and secured party plainly printed or typed on the document and shall provide
14a space for filing data of the register of deeds on the outside of the document.
SB639, s. 342
15Section
342. 59.51 (12) to (13) of the statutes are renumbered 59.43 (1) and
16(m) to (o) and amended to read:
SB639,187,1917
59.43
(1) (m) Keep these chattel documents in consecutive numerical
18arrangement, for the inspection of all persons,
indorsing endorsing on each
19document the document number and the date and time of reception.
SB639,188,620
(n) Upon the filing of a financing statement or other document evidencing the
21creation of a security interest in personal property or fixtures or in crops growing or
22to be grown, enter the name of each debtor alphabetically in indices, of which each
23page shall be divided into columns which shall contain the following information:
24Number number of the document, date and time of filing, name and address of
25debtor, name and address of secured party, name of the document, the amount if any,
1shown in the document, brief description of property, and the last column set aside
2for the entry of assignments, continuation statements, termination statements,
3foreclosure affidavits, extensions and releases pertaining to such financing
4statements or chattel security documents. If the financing statement evidences the
5creation of a security interest in fixtures, it also shall be entered in the tract index
6if one is kept in the county.
SB639,188,127
(o) Upon the filing of an assignment, continuation statement, termination
8statement, foreclosure affidavit, extension or release pertaining to a filed financing
9statement or other chattel security document, enter the document number and the
10date and time of filing in the appropriate column of the indices referred to in
sub.
11(12m) par. (n) and on the same line as that on which the entry of the filed financing
12statement or other chattel security document appears.
SB639, s. 343
13Section
343. 59.51 (14), (14m) and (14s) of the statutes are renumbered 59.43
14(12) (a) to (c) and amended to read: