Note: There is no conflict of substance. This provision was renumbered to s. 59.15
by
1995 Wis. Act 201.
AB378,61,83
59.20
(3) (b) If any officer described in
sub. (1) par. (a) neglects or refuses to
4comply with any of the provisions of this subsection, the officer shall forfeit $5 for
5each day that the noncompliance continues. Actions for the collection of a forfeiture
6under this
subsection paragraph may be brought upon the complaint of the district
7attorney of the proper county or of any party aggrieved by the officer's refusal or
8neglect.
AB378,61,1211
59.21
(1) (c) Sheriff, not less than
$5 $5,000 nor more than $25,000, with not
12less than 3 sureties.
Note: 1995 Wis. Acts 201 and
225 both replaced the word form of numbers with
digits in this provision. Act 201 inserted $5 to replace "five"; and Act 225 inserted $5,000
to replace "five" — "$5,000" was intended.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(2) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(3) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.22
(1) (a) 1. by
1995 Wis. Act 201.
AB378,62,18
659.24 Clerks of counties containing state institutions to make claims
7in certain cases. The clerk of any county which is entitled to reimbursement under
8s. 16.51 (7) shall make a certified claim against the state, without direction from the
9board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms
10prescribed by the department of administration. The forms shall contain
11information required by the clerk and shall be filed annually with the department
12of corrections on or before June 1. If the claims are approved by the department of
13corrections, they shall be certified to the department of administration and paid from
14the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of
15expenses involving a prisoner in a state prison named in s. 302.01, or from the
16appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses
17involving a
child juvenile in a secured correctional facility, as defined in s. 938.02
18(15m).
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,63,721
59.25
(3) (c) Pay all county orders described in
sub. (2) par. (b) in the order of
22time in which they are presented for payment; but where 2 or more are presented at
1the same time, give precedence to the order of the oldest date, but the treasurer shall
2receive of municipal treasurers all county orders issued in the county, which the
3town, city and village municipal treasurers may present in payment of county taxes,
4to the amount of the county taxes actually collected by
any municipal
the town, city
5or village treasurer in the year for which the orders are offered in payment, which
6amount shall be determined by the affidavit of the municipal
town, city and village 7treasurer.
Note: There is no conflict of substance.
Note: There is no conflict of substance. This provision was renumbered to s. 59.25
(3) (f) 2. by
1995 Wisconsin Act 201.
AB378,64,216
59.25
(3) (i) Make annually, on the 3rd Monday of March, a certified statement,
17and forward
it the statement to each municipal clerk in the county, showing the
18amount of money paid from the county treasury during the year next preceding to
19each municipal treasurer in the county. The statement shall specify the date of each
20payment, the amount thereof and the account upon which the payment was made.
21It shall be unlawful for any county treasurer to pay to the treasurer of any town any
22money in the hands of the county treasurer belonging to the town from the 3rd
1Monday of March until 10 days after the annual town meeting except upon the
2written order of the town board.
AB378,64,105
59.27
(5) Deliver on demand to the sheriff's successor in office, when the
6sheriff's successor has qualified according to law, the jail and other property of the
7county and all prisoners in the jail, and all books, records, writs, processes, orders
8and other papers belonging to the sheriff's office and in the possession of the sheriff,
9undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery
10of these items the successor in office shall execute
a receipt to the sheriff
therefor.
Note: Through an error in transcribing
1991 Wis. Act 316, "a receipt" was
inadvertently deleted. This language was included in
1995 Wis. Act 201. It is
underscored in this bill to confirm that its presence is correct.
1995 Wis. Act 201 deleted
"therefor" without showing it as stricken. A change was not intended.
AB378,65,513
59.29
(2) (a) In all cases where by the laws of this state the governor is
14authorized to demand of the executive authority of any other state any fugitive from
15justice or any person charged with
a crime in this state and to appoint an agent to
16receive such person, and such person is apprehended in any other state by the sheriff
17or deputy sheriff of the county in this state where the warrant for such fugitive from
18justice is properly issued, or such crime was committed, and such person voluntarily
19returns with said sheriff to this state without requisition, such sheriff shall be
20entitled to $8 per day for the time necessarily expended in traveling to, apprehending
21and returning with such person and the sheriff's actual and necessary expenses for
22such time, which compensation and expenses shall be allowed by the board of such
1county upon the presentation thereto of an itemized and verified account, stating the
2number of days that the sheriff was engaged, the number of miles traveled and each
3item of expense incurred in rendering such services, including the transportation
4and board of the person in custody. No allowance whatever shall be made to the
5sheriff as mileage.
Note: Inserts "a" for improved readability.
AB378,65,13
859.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or
9medical examiner shall appear or practice as
an attorney in any court, draw or fill
10up any writ, pleading or proceeding for a party in any action, nor, with the intent to
11be employed in the collection of any demand or the service of any process, advise or
12counsel any person to commence an action or proceeding; and for violation of this
13section every such officer shall forfeit not more than $50.
Note: Inserts "an" for improved readability.
AB378,66,816
59.34
(1) (a) Participate in inquest proceedings when required by law, except
17that in any county with a population of 500,000 or more and all counties which have
18instituted the medical examiner system this duty and the powers incident thereto
19shall be vested exclusively in the office of the medical examiner. Except as provided
20under s. 59.38 (5), the board shall appoint the medical examiner. The office may be
21occupied on a full-time or part-time basis and
the officeholder shall be paid
22compensation as the board by ordinance provides. The duties performed by the
23county coroner and not vested in the medical examiner shall be performed by the
1clerk. The medical examiner may appoint such assistants as the board authorizes.
2Whenever requested by the court or district attorney, the medical examiner shall
3testify to facts and conclusions disclosed by autopsies performed by him or her, at his
4or her direction or in his or her presence; shall make physical examinations and tests
5incident to any matter of a criminal nature up for consideration before either the
6court or district attorney upon request; shall testify as an expert for either the court
7or the state in all matters where the examinations or tests have been made; and shall
8perform such other duties of a pathological or medicolegal nature as may be required.
Note: Inserts "officeholder" for improved readability.
AB378,66,1611
59.35
(2) The coroner shall be responsible for every default or misconduct in
12office of a deputy coroner during the
coroner's term of office, and after the death,
13resignation or removal from office of the coroner as well as before; and an action for
14any such default or misconduct may be prosecuted against the coroner and the
15sureties on the coroner's official bond or against the executors and administrators of
16the coroner.
Note: The word "coroner's" was deleted by
1995 Wis. Act 201 without being
stricken. No change was intended.
AB378,67,1119
59.38
(1) Medical examiner, assistants; salaries; fees; report. The medical
20examiner and medical examiner's assistants authorized by the board shall be paid
21semimonthly out of the county treasury of the proper county, for the performance of
22all their official duties and in lieu of all other compensation, salaries to be fixed by
23the board. The medical examiner and medical examiner's assistants shall collect for
1all services performed, except in cases where the county is solely liable, all fees that
2coroners are by law entitled to receive, and shall keep accurate books of account in
3which shall be entered from day to day the items of services rendered, the titles of
4the proceedings in which and the names of the persons for whom rendered, and the
5fees charged and received, and shall, at the end of every 3 months, render to the board
6of the county and to the treasurer an accurate report or statement, verified by his or
7her oath, of all fees and income collected by them or for them during the 3 months;
8and at the same time they shall pay to the treasurer
of the county all fees and incomes
9collected by them, or which they were entitled by law to charge or receive, not paid
10to the treasurer. The medical examiner or a medical examiner's assistant shall act
11as coroner in a nearby county when requested to do so under s. 59.34 (2) (b).
Note: Deletes spurplus language. "Board" and "treasurer" are defined under s.
59.001 (1) as the "county board of supervisors" and the "county treasurer", respectively.
AB378,68,217
59.40
(2) (h) Except in counties that have designated a county support
18collection designee under s.
59.07 (97m) 59.53 (5m), keep a record of all payments and
19arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and
20directed under s. 767.29 (1) to be paid to the clerk or county support collection
21designee or ordered by a court in another county or jurisdiction but enforced or
22received by the court of the clerk's county. If the department of health and family
1services operates a data system relating to those payments and arrearages, the clerk
2shall use that system to keep this record.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
Note: There is no conflict of substance. This provision was renumbered to s. 59.40
(2) (m) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.43
(1) (q) by
1995 Wis. Act 201.
Note: There is no conflict of substance.
AB378, s. 190
12Section
190. 59.43 (2m) (a) (intro.), 4. a. and b. and 5., (b) (intro.) and 6., (c),
13(d) (intro.) and (e) of the statutes, as affected by
1995 Wisconsin Act 201, section
352,
14are amended to read:
AB378,68,1715
59.43
(2m) (a) (intro.) Except as provided in
subs. (4) and (5) pars. (d) and (e),
16no document may be recorded in the office of a register of deeds unless it substantially
17complies with all of the following on the first page of the instrument:
AB378,68,1918
4. a. Directly below the recording information area described under
par. (c) 19subd. 3.
AB378,68,2020
b. Directly below the document number area described under
par. (b) subd. 2.
AB378,69,4
15. a. Subject to
subds. 2. and 3. subd. 5. b. and c., a space and a line are provided
2directly below the return address information and the line is labeled as "parcel
3identifier number", "parcel identification number", "parcel ID number", "parcel
4number" or "PIN".
AB378,69,75
b. If multiple parcels are affected by the instrument, the line described under
6subd.
1. 5. a. may be used to refer the reader to another area of the instrument where
7the parcel identifier number is located.
AB378,69,98
c. Subdivision
1. 5. a. applies only in a county whose board requires the use of
9a parcel identifier number.
AB378,69,1210
(b)
(intro.) Except as provided in
subs. (4) and (5) pars. (d) and (e), no document
11may be recorded in the office of a register of deeds unless it substantially complies
12with all of the following:
AB378,69,1513
6. The top margin of each page is 0.5 inch, except that company logos may
14appear within this margin if they do not interfere with any of the other requirements
15of this
section subsection.
AB378,69,1916
(c) The register of deeds shall provide, upon request, a blank form which a
17person may complete and use as the first page of an instrument that the person seeks
18to record. The blank form shall be provided without charge and shall conform to the
19provisions of
subs. (1) and (2) pars. (a) and (b).
AB378,69,2120
(d) (intro.)
Subsections (1) and (2) Paragraphs (a) and (b) do not apply to any
21of the following instruments:
AB378,69,2522
(e) Every instrument that the register of deeds accepts for recordation under
23this
section subsection shall be considered recorded despite its failure to conform to
24one or more of the requirements of this
section subsection, if the instrument is
25properly indexed in a public index maintained in the office of the register of deeds.
Note: 1995 Wis. Act 201 renumbered s. 59.43 (2m) to a subsection from a section
without adjusting the cross-references accordingly.
AB378,70,84
59.43
(12m) (d) 1. (intro.) The
county board
of any county may at any meeting,
5by resolution, authorize a plan for a new and corrected set of tract indices and order
6new tract indices arranged and compiled according to the plan whenever, in the
7judgment of the board, any existing tract index or indices become unfit for use,
8because of any of the following:
AB378,70,129
2. The board may purchase suitable books for the new tract indices and may
10receive bids and contract with any competent person to
the prepare the new tract
11indices, at a price not exceeding 5 cents per folio, which shall be paid out of the county
12treasury on acceptance of the new tract indices by the board.
AB378,70,1513
3. The person contracting to
the prepare the new tract indices, and the person's
14assistants, shall have access to and be entitled to the use of the old tract indices and
15other records in the register of deeds' office and other county records
the.
AB378,70,2116
4. When the new tract indices are completed and
the approved and adopted by
17the board, the old tract indices shall be preserved as provided in s. 59.52 (3) (b). The
18resolutions of the board ordering, approving and adopting the new tract indices, duly
19certified by the clerk, shall be recorded in each volume of the new tract indices; and
20thereupon
the the new tract indices shall become and be the only lawful tract indices
21in the register of deeds' office.
Note: Reconciles the treatment of this provision by
1995 Wis. Acts 201 and
225.
Deletes surplus language. "Board" is defined as the county board by s. 59.001 (1).
AB378,71,103
59.44
(1) (a) Except as provided under par. (b), whenever any county adopts a
4tract index system or any recognized chain of title system, the board may create a
5department to be known as an abstract department, either in connection with or
6independent of the office of the register of deeds, as the board considers advisable.
7The
county board may appoint a competent person for a term of 2 years, who shall
8be known as the county abstractor, and shall have charge of and operate the abstract
9department. The board shall furnish a seal for the abstractor, who shall place the
10seal on every abstract issued by the abstractor.
Note: Section 59.001 defines "board" as the county board.
AB378,71,2413
59.45
(1) (a) 2. Make, personally or by a deputy, a record, in books or on
14drawings and plats that are kept for that purpose, of all corners that are set and the
15manner of fixing the corners and of all bearings and the distances of all courses run,
16of each survey made personally, by deputies or by other land surveyors and arrange
17or index the record so it is an easy to use reference and file and preserve in the office
18the original field notes and calculation thereof. Within 60 days after completing any
19survey, the county surveyor shall make a true and correct copy of the foregoing
20record, in record books or on reproducible papers to be furnished by the county and
21kept in
file files in the office of the county surveyor to be provided by the county. In
22a county with a population of 500,000 or more where there is no county surveyor, a
23copy of the record shall also be filed in the office of the regional planning commission
24which acts in the capacity of county surveyor for the county.
Note: Inserts correct word as indicated by drafting records for Chapter 499, Laws
of 1969.
AB378,73,23
59.52
(3) (b) When any book, public record or the record of any city, village or
4town plat in any county office shall, from any cause, become unfit for use in whole
5or in part, the board shall order that the book, record or plat be rebound or
6transcribed. If the order is to rebind such book, record or plat, the rebinding must
7be done under the direction of the officer in charge of the book, record or plat, and in
8that officer's office. If the order is to transcribe such book, record or plat, the officer
9having charge of the same shall provide a suitable book for that purpose; and
10thereupon such officer shall transcribe the same in the book so provided and
11carefully compare the transcript with the originals, and make the same a correct copy
12thereof, and shall attach to the transcript a certificate over that officer's official
13signature that that officer has carefully compared the matter therein contained with,
14and that the same is a correct and literal copy of the book, record or plat from which
15the same was transcribed, naming such book.
Such
The certified copy of
the book,
16record or plat
, so certified, shall have the same effect in all respects as the original,
17and
such the original book, record or plat shall be deposited with the treasurer and
18carefully preserved
, except
that in counties having a population of 500,000 or more
19where a book containing a tract index is rewritten or transcribed
, the original book
20may be destroyed. The order of the board directing the transcribing of any book,
21record or plat duly certified by the clerk shall, with such certificate, be recorded in
22each copy of
the book, record or plat transcribed. The fee of the officer for such service
23shall be fixed by the board, not exceeding 10 cents per folio, or if such books or any
1part thereof consist of printed forms, not to exceed 5 cents per folio for such books or
2records, to be paid by the county.
Note: Reorders, inserts and replaces language for improved readability and
conformity with current style.
AB378,73,155
59.52
(6) (d) 1. Construct, purchase, acquire, lease, develop, improve, extend,
6equip, operate and maintain all county buildings, structures and facilities
7hereinafter in this subsection referred to as "projects", including without limitation
8because of enumeration swimming pools, stadiums, golf courses, tennis courts,
9parks, playgrounds, bathing beaches, bathhouses and other recreational facilities,
10exhibition halls, convention facilities, convention complexes, including indoor
11recreational facilities, dams in county lands, garbage incinerators, courthouses,
12jails, schools, hospitals and facilities for medical education use in conjunction with
13such hospitals,
home homes for the aged or indigent, regional projects, sewage
14disposal plants and systems, and including all property, real and personal, pertinent
15or necessary for such purposes.
Note: Corrects word form.
Note: There is no conflict of substance. This provision was renumbered to s. 59.52
(16) (a) by
1995 Wis. Act 201.