(5) Applicability. This section does not apply to patients or residents of state-operated or county-operated inpatient institutions or hospitals issued certificates of approval under s. 50.35 unless the alleged abuse, neglect or misappropriation of property or neglect or abuse of such a patient or resident is alleged to have been done by a person other than an employe of the inpatient institution or hospital.
27,2158 Section 2158 . 59.07 (1) of the statutes is amended to read:
59.07 (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. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
27,2159 Section 2159 . 59.23 (2) (j) of the statutes is amended to read:
59.23 (2) (j) (title) School taxes, records to department of education public instruction. Transmit to the department of education public instruction on the last Monday in December in each year certified copies of all resolutions adopted and proceedings of the board passed or had during the preceding year relating to the raising of any money for school purposes, and report the amount to be raised in each town in the county.
27,2160m Section 2160m. 59.25 (3) (f) 2. of the statutes is amended to read:
59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.
27,2160p Section 2160p. 59.25 (3) (f) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.
27,2160r Section 2160r. 59.27 (12) of the statutes is created to read:
59.27 (12) Before conducting a sale of foreclosed property, contact the clerk of the federal bankruptcy court to determine whether the court has granted a stay of relief on that property.
27,2160s Section 2160s. 59.32 (1) of the statutes is amended to read:
59.32 (1) Sheriff; fees. The sheriff shall collect the fees prescribed in s. 814.70, unless a higher fee is applicable under s. 814.705 (1) (a) or (2), and remit them to the treasurer as provided in s. 59.22 (1) (b).
27,2162 Section 2162 . 59.40 (2) (h) of the statutes is repealed.
27,2163m Section 2163m. 59.40 (2) (m) of the statutes is amended to read:
59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.
27,2163p Section 2163p. 59.40 (2) (m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.
27,2164am Section 2164am. 59.43 (1) (u) of the statutes is repealed.
27,2164c Section 2164c. 59.43 (2) (ag) 1. of the statutes is amended to read:
59.43 (2) (ag) 1. After June 30, 1991, and subject to s. 59.72 (5), for For recording any instrument entitled to be recorded in the office of the register of deeds, $10 $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 181.68 (1) (b) or (e) or 185.83 (1) (b).
27,2164e Section 2164e. 59.43 (2) (e) of the statutes is amended to read:
59.43 (2) (e) After June 30, 1991, and subject to s. 59.72 (5), for For filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $10 $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page.
27,2165 Section 2165 . 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:
59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county designee child support agency. The board or its designee county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.
27,2166 Section 2166 . 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 59.53 (5) (a) and amended to read:
59.53 (5) (a) The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this subsection paragraph to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.
27,2167 Section 2167 . 59.53 (5) (b) of the statutes is created to read:
59.53 (5) (b) The county child support agency under par. (a) shall electronically enter into the statewide data system related to child and spousal support payments that is operated by the department of workforce development the terms of any order made or judgment granted in the circuit court of the county requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s. 767.29 (1) to be paid to the department of workforce development or its designee. The county child support agency shall enter the terms of any such order or judgment within the time required by federal law and shall enter revisions ordered by the court to any order or judgment the terms of which are maintained on the data system.
27,2168 Section 2168 . 59.53 (5m) of the statutes is repealed.
27,2169f Section 2169f. 59.53 (13) (title) of the statutes is amended to read:
59.53 (13) (title) Subsidy of Payments for abortions and abortion-related activity restricted.
27,2169g Section 2169g. 59.53 (13) of the statutes is renumbered 59.53 (13) (a).
27,2169h Section 2169h. 59.53 (13) (b) of the statutes is created to read:
59.53 (13) (b) No county or agency or subdivision of a county may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.
27,2169m Section 2169m. 59.54 (8) (a) 4. of the statutes is amended to read:
59.54 (8) (a) 4. At least annually, submit to the state emergency response board division of emergency management in the department of military affairs a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.
27,2173 Section 2173 . 59.58 (3) (d) 2. of the statutes is amended to read:
59.58 (3) (d) 2. School bus transportation businesses or systems that are engaged primarily in the transportation of children to or from school, and which are subject to the regulatory jurisdiction of the department of transportation and the department of education public instruction.
27,2174 Section 2174 . 59.64 (1) (a) of the statutes is amended to read:
59.64 (1) (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. This subsection paragraph does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
27,2174p Section 2174p. 59.692 (1) (c) of the statutes is amended to read:
59.692 (1) (c) “Shoreland zoning standard" means a standard for ordinances enacted under this section that are is promulgated as rules a rule by the department.
27,2174pm Section 2174pm. 59.692 (1s) of the statutes is created to read:
59.692 (1s) (a) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to par. (b), location and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction or improvement if all of the following apply:
1. The nonconforming structure was damaged or destroyed after the effective date of this subdivision .... [revisor inserts date].
2. The damage or destruction was caused by violent wind, vandalism, fire or a flood.
(b) An ordinance enacted under this section to which par. (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
27,2174q Section 2174q. 59.692 (1t) of the statutes is created to read:
59.692 (1t) A county or the department may not commence an enforcement action against a person who owns a building or structure that is in violation of a shoreland zoning standard or an ordinance enacted under this section if the building or structure has been in place for more than 10 years.
27,2175aj Section 2175aj. 59.72 (1) (a) of the statutes is amended to read:
59.72 (1) (a) “Land information" has the meaning given in s. 16.967 (1) (b) means any physical, legal, economic or environmental information or characteristics concerning land, water, groundwater, subsurface resources or air in this state. “Land information" includes information relating to topography, soil, soil erosion, geology, minerals, vegetation, land cover, wildlife, associated natural resources, land ownership, land use, land use controls and restriction, jurisdictional boundaries, tax assessment, land value, land survey records and references, geodetic control networks, aerial photographs, maps, planimetric data, remote sensing data, historic and prehistoric sites and economic projections.
27,2175ak Section 2175ak. 59.72 (1) (am) of the statutes is repealed.
27,2175aL Section 2175aL. 59.72 (1) (b) of the statutes is amended to read:
59.72 (1) (b) “Land records" has the meaning given in s. 16.967 (1) (d) means maps, documents, computer files and any other storage medium in which land information is recorded.
27,2175am Section 2175am. 59.72 (3) (intro.), (a) and (b) of the statutes are consolidated, renumbered 59.72 (3) and amended to read:
59.72 (3)Land information office. The board may establish a separate county land information office or may direct that the functions and duties of the office be performed by an office be established within an existing department, board, commission, agency, institution, authority or office. The county land information office shall: (a) Coordinate coordinate land information projects within the county, between the county and local governmental units, between the state and local governmental units and among local governmental units, the federal government and the private sector. (b) Within If the board establishes a land information office, the board shall, within 2 years after the land information office is established, develop and receive approval for a countywide plan for land records modernization. The plan shall be submitted for approval to the land information board under s. 16.967 (3) (e).
Section 2175b 59.72 (3) (c) and (4) of the statutes are repealed.
27,2175c Section 2175c. 59.72 (5) of the statutes is repealed and recreated to read:
59.72 (5) Land record modernization funding. A county which establishes a land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag) 1. and (e) to develop, implement and maintain a countywide plan for land records modernization.
27,2178c Section 2178c. 60.23 (25) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:
60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and 632.896.
27,2178p Section 2178p. 60.23 (25) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (11) to (13) and 632.896.
27,2178s Section 2178s. 60.30 (2) (a) of the statutes is amended to read:
60.30 (2) (a) Only an elector of the town may hold a town office, other than an assessor appointed under s. 60.307 or a town clerk, town treasurer or combined town clerk and town treasurer appointed under sub. (1e).
27,2179 Section 2179 . 60.33 (9) (a) of the statutes is amended to read:
60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to education public instruction.
27,2179m Section 2179m. 60.351 (1) of the statutes is amended to read:
60.351 (1) Town constables shall collect the fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (4) (1) (d).
27,2180 Section 2180 . 60.44 (1) (a) of the statutes is amended to read:
60.44 (1) (a) Claims for money against a town or against officers, officials, agents or employes of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s. 893.80 (1) (b). This paragraph does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
27,2181 Section 2181 . 60.44 (3) of the statutes is amended to read:
60.44 (3) Court actions to recover claims. Subsection (2), or an ordinance adopted under that subsection, does not affect the applicability of s. 893.80. No action may be brought or maintained against a town upon a claim unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
27,2181c Section 2181c. 60.62 (1) of the statutes is amended to read:
60.62 (1) Subject to subs. (2) and , (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.
27,2181i Section 2181i. 60.62 (4) of the statutes is created to read:
60.62 (4) (a) Notwithstanding ss. 61.35 and 62.23 (1) (a), a town with a population of less than 2,500 that acts under this section may create a “Town Plan Commission" under s. 62.23 (1) (a) that has 5 members, consisting of the town chairperson, who shall be its presiding officer, the town engineer, the president of the park board, another member of the town board and one citizen. If the town plan commission has only 5 members and the town has no engineer or park board, an additional citizen member shall be appointed so that the commission has at all times 5 members. All other provisions of ss. 61.35 and 62.23 shall apply to a town plan commission that has 5 members.
(b) If a town plan commission consists of 7 members and the town board enacts an ordinance or adopts a resolution reducing the size of the commission to 5 members, the commission shall continue to operate with 6 or 7 members until the expiration of the terms of the 2 citizen members, who were appointed under s. 62.23 (1) (c), whose terms expire soonest after the effective date of the ordinance or resolution that reduces the size of the commission.
(c) If a town plan commission consists of 5 members and the town board enacts an ordinance or adopts a resolution increasing the size of the commission to 7 members, the town board chairperson shall appoint the 2 new members under s. 62.23 (1) (c).
27,2181p Section 2181p. 61.28 of the statutes is amended to read:
61.28 Marshal. The village marshal shall execute and file an official bond. The marshal shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables. The marshal shall obey all lawful written orders of the village board; and arrest with or without process every person found in the village engaged in any disturbance of the peace or violating any law of the state or ordinance of the village. The marshal may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. The marshal is entitled to the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (3) (1) (c); for other service rendered the village, compensation as the board fixes.
27,2182 Section 2182 . 61.34 (4) of the statutes is amended to read:
61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the village board.
27,2182m Section 2182m. 62.09 (13) (a) of the statutes is amended to read:
62.09 (13) (a) The chief of police shall have command of the police force of the city under the direction of the mayor. The chief shall obey all lawful written orders of the mayor or common council. The chief and each police officer shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables; shall arrest with or without process and with reasonable diligence take before the municipal judge or other proper court every person found in the city engaged in any disturbance of the peace or violating any law of the state or ordinance of the city and may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. They shall collect the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (2) (1) (b).
27,2183 Section 2183 . 62.12 (9) of the statutes is amended to read:
62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the city council.
27,2184 Section 2184 . 62.25 (1) of the statutes is amended to read:
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