1997 Wisconsin Act 35

59.52 (3) (b) When any book, public record or the record of any city, village or town plat in any county office shall, from any cause, become unfit for use in whole or in part, the board shall order that the book, record or plat be rebound or transcribed. If the order is to rebind such book, record or plat, the rebinding must be done under the direction of the officer in charge of the book, record or plat, and in that officer's office. If the order is to transcribe such book, record or plat, the officer having charge of the same shall provide a suitable book for that purpose; and thereupon such officer shall transcribe the same in the book so provided and carefully compare the transcript with the originals, and make the same a correct copy thereof, and shall attach to the transcript a certificate over that officer's official signature that that officer has carefully compared the matter therein contained with, and that the same is a correct and literal copy of the book, record or plat from which the same was transcribed, naming such book. Such The certified copy of the book, record or plat, so certified, shall have the same effect in all respects as the original, and such the original book, record or plat shall be deposited with the treasurer and carefully preserved, except that in counties having a population of 500,000 or more where a book containing a tract index is rewritten or transcribed, the original book may be destroyed. The order of the board directing the transcribing of any book, record or plat duly certified by the clerk shall, with such certificate, be recorded in each copy of the book, record or plat transcribed. The fee of the officer for such service shall be fixed by the board, not exceeding 10 cents per folio, or if such books or any part thereof consist of printed forms, not to exceed 5 cents per folio for such books or records, to be paid by the county.

Note: Reorders, inserts and replaces language for improved readability and conformity with current style.

35,195 Section 195 . 59.52 (6) (d) 1. of the statutes, as affected by 1995 Wisconsin Act 201, section 111, is amended to read:

59.52 (6) (d) 1. Construct, purchase, acquire, lease, develop, improve, extend, equip, operate and maintain all county buildings, structures and facilities hereinafter in this subsection referred to as “projects", including without limitation because of enumeration swimming pools, stadiums, golf courses, tennis courts, parks, playgrounds, bathing beaches, bathhouses and other recreational facilities, exhibition halls, convention facilities, convention complexes, including indoor recreational facilities, dams in county lands, garbage incinerators, courthouses, jails, schools, hospitals and facilities for medical education use in conjunction with such hospitals, home homes for the aged or indigent, regional projects, sewage disposal plants and systems, and including all property, real and personal, pertinent or necessary for such purposes.

Note: Corrects word form.

35,196 Section 196 . The treatment of 59.52 (16) (a) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 122, is not repealed by 1995 Wisconsin Act 225, section 135. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.52 (16) (a) by 1995 Wis. Act 201.

35,197 Section 197 . The treatment of 59.53 (6) (b) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 334, is not repealed by 1995 Wisconsin Act 404, section 186. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.53 (6) (b) by 1995 Wis. Act 201.

35,198 Section 198 . 59.53 (16) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 413, is amended to read:

59.53 (16) (b) All isolation hospitals and other places, when erected or established in counties having a county board of administration, shall be conducted under the control and management of the board of administration in the same manner and to the same extent as other institutions under the control of the board of administration, and in other counties the isolation hospitals and other places shall be conducted under the control and management of the county board. Any resident of this state who is not indigent may be received into, treated and cared for in an isolation hospital or other place upon the terms and conditions and at the rate or pay established and fixed by the board having charge of the isolation hospital or other place; provided, however, that indigent and destitute sick persons shall be cared for and have preference of admission to such hospitals and places.

Note: Clarifies reference.

35,199 Section 199 . 59.54 (15) of the statutes, as affected by 1995 Wisconsin Act 201, section 404, is amended to read:

59.54 (15) Annual inspection. At least once each year the board of each county, or a committee thereof, shall visit, inspect and examine each jail maintained by the county, as to health, cleanliness and discipline, and the keeper of the jail shall lay before the board or the committee a calendar setting forth the name, age and cause of committal of each prisoner. If it appears to the board or committee that any of the provisions of law have been violated or neglected the board or the committee shall immediately give notice of the violation to the district attorney of the county.

Note: Deletes unnecessary language.

35,200 Section 200 . The treatment of 59.54 (25) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 210, is not repealed by 1995 Wisconsin Act 448, section 59. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.54 (25) by 1995 Wis. Act 201.

35,201 Section 201 . 59.55 (4) (a) 1. of the statutes, as created by 1995 Wisconsin Act 225, is renumbered 59.43 (12m) (d) 1. a.

Note: 1995 Wis. Act 201 renumbered s. 59.55 to be s. 59.43 (12m).

35,202 Section 202 . 59.56 (13) of the statutes, as affected by 1995 Wisconsin Act 201, section 132, is amended to read:

59.56 (13) Celebrations and conventions. The board may appropriate money to defray the expense of national air shows or similar aeronautics activities held in the county, of municipal commemorative or patriotic celebrations or observance observances, of state or national conventions of war veterans, of national conventions of fraternal associations, of group entertainment for children on Halloween by county or municipal agencies within the county or of state or national conventions of county officers or employes or associations thereof or of bringing any of such conventions to the county.

Note: Corrects word form.

35,203 Section 203 . 59.58 (3) (g) 3. of the statutes, as affected by 1995 Wisconsin Act 201, section 472, is amended to read:

59.58 (3) (g) 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board or commission of the county notwithstanding s. 59.83 59.84 or any other statute.

Note: 1995 Wis. Act 201 changed this cross-reference to s. 59.83 from s. 59.965. Act 201 renumbered s. 59.965 to s. 59.84. There is no s. 59.83.

35,204 Section 204 . 59.58 (6) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 201, section 465, is amended to read:

59.58 (6) (b) 1. Except as provided in par. (f), 7 Seven members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms, with each member designated to represent one of the counties in the region.

Note: Section 59.58 (6) (f) is repealed by this bill. See the note to the following section of this bill.

35,205 Section 205 . 59.58 (6) (f) of the statutes, as affected by 1995 Wisconsin Act 201, section 465, is repealed.

Note: By its terms, this provision does not apply after December 31, 1993.

35,206 Section 206 . 59.60 (6) of the statutes, as affected by 1995 Wisconsin Act 201, section 435, and 1995 Wisconsin Act 225, section 169, is repealed and recreated to read:

59.60 (6) (a) The county executive or county administrator shall review the estimates of expenditures and revenues and hold public hearings on such estimates at which the head or a representative of every county department shall appear and give information with regard to the appropriations requested, including work programs, other justification of expenditures, and other data that the county executive or county administrator requests. The county executive or county administrator shall make changes in the proposed budget that in the executive's or administrator's discretion are considered desirable or proper.

(b) On or before October 1, and after the hearings required under par. (a), the county executive or county administrator shall submit the amended proposed budget to the board. The amended proposed budget shall be the executive's or administrator's budget and shall include all of the following:

1. A simple, clear, general summary of the detailed contents of the budget.

2. A comparative statement by organization unit and principal object of expenditure showing the actual expenditures of the preceding fiscal year, the appropriations and estimated expenditures for the fiscal year currently ending, and the recommended appropriations for the fiscal year next succeeding.

3. A comparative statement of the actual revenues from all sources including property taxes during the preceding fiscal year, the anticipated revenues and the estimated revenues for the fiscal year currently ending, and the anticipated revenues for the fiscal year next succeeding including any surplus from the preceding fiscal year not otherwise appropriated under sub. (9).

(c) The anticipated revenues for the fiscal year next succeeding shall be equal in amount to the recommended appropriations.

(d) The executive's or administrator's budget shall be accompanied by a message prepared by the county executive or county administrator which shall outline the important features of the budget plan and indicate any major changes in policy or in recommended appropriations or revenues as compared with the fiscal year currently ending, and shall set forth the reasons for such changes.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 201 and 225.

35,207 Section 207 . 59.60 (9) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 435, is amended to read:

59.60 (9) (b) An appropriation under par. (a) may be made only by resolution adopted by a vote of two-thirds of the members-elect of the board. To the extent that unappropriated funds or realized revenues in excess of anticipated revenues are unavailable to meet the emergency, the board may, by resolution adopted by three-fourths of the members-elect, issue tax anticipation notes under s. 67.12. Notice of intent to make supplemental appropriations from revenues or surplus or to issue tax anticipation notes shall be published as a class 1 notice, under ch. 985, in the 2 daily newspapers having the largest circulation in the county, not less than 6 days prior to the hearings before the finance committee of the county board in regard to these matters.

Note: Deletes unnecessary word. Section 59.001 (1) defines “board" as the county board.

35,208 Section 208 . 59.64 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 158, section 9, and 1995 Wisconsin Act 201, section 427, 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.

Note: The renumbering of this provision from s. 59.77 (1) to s. 59.64 (1) (a) by 1995 Wis. Act 201 requires the correction of the cross-reference here which was added to s. 59.77 (1) by 1995 Wis. Act 158.

35,209 Section 209 . 59.64 (1) (d) 2. a. of the statutes, as affected by 1995 Wisconsin Act 201, section 427, and 1995 Wisconsin Act 225, section 165, is amended to read:

59.64 (1) (d) 2. a. The clerk shall deliver the statement filed under par. (a) subd. 1. to the district attorney, who shall examine the statement and make a report in writing thereon to the board, specifying the items in each for which the county is or is not liable, and the extent of its liability if it is liable for a part only of any item. The statement and report shall be laid before the board by the county clerk and insofar as the items charged in the statement are approved by the district attorney the statement shall be prima facie evidence of the claims of the persons named in the statement.

Note: Inserts correct cross-reference. Deletes unnecessary word.

35,210 Section 210 . 59.64 (1) (d) 2. b. of the statutes, as affected by 1995 Wisconsin Act 201, section 427, and 1995 Wisconsin Act 225, section 165, is amended to read:

59.64 (1) (d) 2. b. The county board shall examine the statement, allow the fees that are legal, and direct that orders be drawn for the amount allowed to each person named therein. If any person in whose favor any order is drawn under this paragraph subdivision shall not call for the fees within 2 years from the time the claim is allowed, the person's right to any compensation for services shall be considered waived and the board shall cancel the order.

Note: Section 59.001 defines “board" as the county board. Corrects cross-reference.

35,211 Section 211 . 59.66 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 458, is amended to read:

59.66 (1) (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 them over to the treasurer, unless sooner demanded by and turned over to the legal owners thereof under order of the court in which the case, action or proceeding was pending.

Note: Inserts missing word.

35,212 Section 212 . 59.66 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 458, is amended to read:

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

Note: Deletes unnecessary commas and replaces language for greater clarity and readability.

35,213 Section 213 . 59.66 (3) of the statutes, as affected by 1995 Wisconsin Act 201, section 462, is amended to read:

59.66 (3) (title) Disposition of unclaimed personal property other than money or securities held by: county institutions, coroner coroners, medical examiner, sheriff examiners or sheriffs . All personal property other than money or securities of a deceased persons person who at the time of their his or her death are patients is a patient 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, the coroner or the medical examiner for one year unless the property is claimed sooner by a person having the legal right to the property. Annually on July 1 the superintendent, 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 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 for the property. Thereupon the superintendent, 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 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 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 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 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.

Note: Changes plural word forms to the singular for proper sentence agreement.

35,214 Section 214 . The treatment of 59.69 (9) (b) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 475, is not repealed by 1995 Wisconsin Act 227, section 205. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.69 (9) (b) by 1995 Wis. Act 201.

35,215 Section 215 . The treatment of 59.692 (1m) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 476, is not repealed by 1995 Wisconsin Act 227, section 206. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.692 (1m) by 1995 Wis. Act 201.

35,216 Section 216 . The treatment of 59.692 (4) (a) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 476, is not repealed by 1995 Wisconsin Act 227, section 206. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered. to s. 59.692 (4) (a) by 1995 Wis. Act 201.

35,217 Section 217 . The treatment of 59.692 (7) (ag) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 476, is not repealed by 1995 Wisconsin Act 227, section 206. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.692 (7) (ag) by 1995 Wis. Act 201.

35,218 Section 218 . The treatment of 59.693 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 478, is not repealed by 1995 Wisconsin Act 227, section 207. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.693 (2) by 1995 Wis. Act 201.

35,219 Section 219 . The treatment of 59.693 (8) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 478, is not repealed by 1995 Wisconsin Act 227, section 207. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.693 (8) by 1995 Wis. Act 201.

35,220 Section 220 . 59.694 (7) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 479, is amended to read:

59.694 (7) (c) To authorize upon appeal in specific cases variance variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

Note: Inserts correct word form.

35,221 Section 221 . 59.70 (title) of the statutes is created to read:

59.70 (title) Environmental protection and land use.

Note: 1995 Wis. Act 201 did not create a title for s. 59.70.

35,222 Section 222 . The treatment of 59.70 (2) (L) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 216, is not repealed by 1995 Wisconsin Act 227, section 200. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.70 (2) (L) by 1995 Wis. Act 201.

35,223 Section 223 . The treatment of 59.70 (2) (q) (intro.) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 216, is not repealed by 1995 Wisconsin Act 227, section 201. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.70 (2) (q) (intro.) by 1995 Wis. Act 201.

35,224 Section 224 . The treatment of 59.70 (3) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 214, is not repealed by 1995 Wisconsin Act 227, section 199. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.70 (3) by 1995 Wis. Act 201.

35,225 Section 225 . The treatment of 59.70 (6) (b) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 109, is not repealed by 1995 Wisconsin Act 227, section 196. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.70 (6) (b) by 1995 Wis. Act 201.

35,226 Section 226 . The treatment of 59.70 (6) (c) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 109, is not repealed by 1995 Wisconsin Act 227, section 197. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.70 (6) (c) by 1995 Wis. Act 201.

35,227 Section 227 . The treatment of 59.70 (6) (e) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 109, is not repealed by 1995 Wisconsin Act 227, section 198. Both treatments stand.