1997 Wisconsin Act 35

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(6) of the statutes, as affected by 1995 Wisconsin Act 201, section 435, and 1995 Wisconsin Act 225, section 169, is repealed and recreated to read: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

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

35,228 Section 228 . 59.70 (13) (c) 3. of the statutes, as affected by 1995 Wisconsin Act 201, section 439, is amended to read:

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

Note: Deletes word unintentionally retained by 1995 Wis. Act 201.

35,229 Section 229 . The treatment of 59.71 of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 371, is not repealed by 1995 Wisconsin Act 225, section 161. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.71 by 1995 Wis. Act 201.

35,230 Section 230 . 59.84 (2) (d) 1. of the statutes, as affected by 1995 Wisconsin Act 201, section 464, is amended to read:

59.84 (2) (d) 1. The board may acquire in the name of the county or in the name of the state when so directed by the department of transportation, by donation, purchase, condemnation or otherwise, such lands, including any improvements on the lands, and any interests, easements, franchises, rights and privileges in or pertaining to lands, of whatever nature and by whomsoever owned, as the board considers necessary and required for expressway purposes, and to dispose of the such lands. The board may use expressway lands for the location or relocation of any facility for mass transportation, including private or public utilities. The board may purchase or accept donation of remnants of tracts or parcels of land remaining at the time or after it has acquired by condemnation or after or coincident with its acquisition by purchase or donation portions of such tracts or parcels for expressway purposes where in the judgment of the board such action would assist in rendering just compensation to a landowner, a part of whose lands are required for expressway purposes, and would serve to minimize the overall cost of such necessary taking by the public. The county may dispose of such remnants. No lands or interest in lands that are acquired as provided in this paragraph shall be disposed of by the county without the consent of the board, and all money that is received for any such lands, improvements or interests in land, so disposed of, shall be credited to the land acquisition account as an abatement of expense. No lands acquired by the board, as provided in this subsection, in the name of or in trust for the state, shall be disposed of by the county without prior approval of the state, and the proceeds of the sale shall be remitted to the state or retained and used for expressway purposes when so directed by the department of transportation.

Note: Deletes word rendered surplusage by the treatment of this provision by 1995 Wis. Act 201.

35,231 Section 231 . 59.84 (2) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 201, section 464, is amended to read:

59.84 (2) (d) 2. After the general plan of expressways has been adopted, the board may, for specific approved highway projects or otherwise, acquire lands and interests therein of the nature and in the manner specified in this paragraph for the right-of-way of the expressways in advance of the time of the adoption of an expressway project budget including the lands and interests. Such power may be exercised when in the judgment of the board the public interest will be served and economy effected by forestalling development of the lands which will entail greater acquisition costs if acquired at at a later date. Upon such acquisition the board may improve, use, maintain or lease the lands until the same are required for expressway construction. It is recognized that there may necessarily be a period of time between the acquisition of needed lands for right-of-way and the commencement of actual site clearance and construction, but such fact shall not minimize the public purpose of the acquisition. The owners of the lands at the time of the acquisition shall have the first right to enter into lease leases thereof with the county until the lands are needed for expressway construction. Lands so leased for more than one year shall be subject to general property taxation during the term of the lease. All rentals shall be credited to the project or to the expressway land acquisition account. The board may provide out of funds acquired by bond issue or otherwise a land acquisition fund not in excess of $5,000,000 of expendable funds at any one time, to be used primarily for the acquisition of lands, improvements thereon and interests therein as specified in this subsection prior to the approval of the specific expressway project for which the lands or interests will be required. The fund shall be adjusted to reflect acquisition costs for lands and interests therein thereafter incorporated in specific approved expressway projects by transferring both the appropriations and the acquisition costs therefor to the proper expressway improvement expenditures account.

Note: 1995 Wis. Act 201 showed “if acquired at" underscored, but “at" was preexisting text. Act 201 also showed “to" stricken prior to the underscored “if acquired at", but there was no preexisting “to" to delete. This provision is intended to clarify that the effect of Act 201 was only to insert “if acquired" prior to the preexisting “at". Also inserts correct form of “lease".

35,232 Section 232 . 62.05 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

62.05 (1) (a) Cities of 150,000 population and over shall constitute 1st class cities class.

Note: The stricken language should not have been retained in the treatment of this provision by 1995 Wis. Act 225.

35,233 Section 233 . 62.23 (7) (i) 2r. a. of the statutes is amended to read:

62.23 (7) (i) 2r. a. An No adult family home described in s. 50.01 (1) (b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the city, of any other adult family home described in s. 50.01 (1) (b) or any community living arrangement. An agent of an adult family home described in s. 50.01 (1) (b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the city.

Note: The 1995-96 Statutes were printed incorrectly. The word “No" was inadvertently replaced with “An". No change was made to this provision by the 1995-96 legislature. This statute, as printed in the 1993-94 Statutes, is restored.

35,234 Section 234 . 66.023 (7m) of the statutes, as created by 1995 Wisconsin Act 35, is amended to read:

66.023 (7m) Zoning in town territory. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61, 61.35 or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted under ss. 59.971 59.692, 87.30 or 91.71 to 91.78.

Note: 1995 Wis. Act 201 renumbered s. 59.971 to be s. 59.692.

35,235 Section 235 . 66.066 (1a) of the statutes, as affected by 1995 Wisconsin Acts 225 and 378, is amended to read:

66.066 (1a) Nothing in this section shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water and necessary transmission facilities, including all real and personal property, beyond its corporate limits. A source of water 50 miles beyond a municipality's corporate those limits shall be considered within a the municipality's that authority.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 225 and 378.

35,236 Section 236 . 66.073 (8) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

66.073 (8) (a) 2. The contracting municipalities may provide in the contract created under sub. (5) for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments, whether at maturity or upon debt service fund redemption, for its bonds, reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument.

Note: The underscored language was inadvertently deleted by 1995 Wis. Act 225 without being shown as stricken. No change was intended.

35,237 Section 237 . 66.073 (16) (b) of the statutes is amended to read:

66.073 (16) (b) The property of a company, including any proportional share of any property owned by a company in conjunction with any other person or public agency, is declared to be public property used for essential public and governmental purposes and such property or proportional share, a company and its income shall be exempt from all taxes of the state or any state public body except that for each project owned or partly owned by it, a company shall make payments-in-lieu-of-taxes to the state equal to the amount which would be paid to the state under ss. 76.01 to 76.26 for such project or share thereof if it were deemed to be owned by a company under s. 76.02 (9) (2). The payment shall be determined, administered and distributed by the state in the same manner as the taxes paid by companies under ss. 76.01 to 76.26.