AB378,77,1110
(c) The anticipated revenues for the fiscal year next succeeding shall be equal
11in amount to the recommended appropriations.
AB378,77,1612
(d) The executive's or administrator's budget shall be accompanied by a
13message prepared by the county executive or county administrator which shall
14outline the important features of the budget plan and indicate any major changes in
15policy or in recommended appropriations or revenues as compared with the fiscal
16year currently ending, and shall set forth the reasons for such changes.
AB378,78,419
59.60
(9) (b) An appropriation under par. (a) may be made only by resolution
20adopted by a vote of two-thirds of the members-elect of the board. To the extent that
21unappropriated funds or realized revenues in excess of anticipated revenues are
22unavailable to meet the emergency, the board may, by resolution adopted by
23three-fourths of the members-elect, issue tax anticipation notes under s. 67.12.
24Notice of intent to make supplemental appropriations from revenues or surplus or
1to issue tax anticipation notes shall be published as a class 1 notice, under ch. 985,
2in the 2 daily newspapers having the largest circulation in the county, not less than
36 days prior to the hearings before the finance committee of the
county board in
4regard to these matters.
Note: Deletes unnecessary word. Section 59.001 (1) defines "board" as the county
board.
AB378,78,127
59.64
(1) (a)
In general. Every person, except jurors, witnesses and
8interpreters, and except physicians or other persons who are entitled to receive from
9the county fees for reporting to the register of deeds births or deaths, which have
10occurred under their care, having any claim against any county shall comply with
11s. 893.80. This
subsection paragraph does not apply to actions commenced under s.
1219.37 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.
AB378,78,2215
59.64
(1) (d) 2. a. The clerk shall deliver the statement filed under
par. (a) subd.
161. to the district attorney, who shall examine the statement and make a report in
17writing thereon to the board, specifying the items in each for which the county is or
18is not liable, and the extent of its liability if it is liable for a part only of any item.
19The statement and report shall be laid before the board by the
county clerk and
20insofar as the items charged in the statement are approved by the district attorney
21the statement shall be prima facie evidence of the claims of the persons named in the
22statement.
Note: Inserts correct cross-reference. Deletes unnecessary word.
AB378,79,83
59.64
(1) (d) 2. b. The
county board shall examine the statement, allow the fees
4that are legal, and direct that orders be drawn for the amount allowed to each person
5named therein. If any person in whose favor any order is drawn under this
6paragraph subdivision shall not call for the fees within 2 years from the time the
7claim is allowed, the person's right to any compensation for services shall be
8considered waived and the board shall cancel the order.
Note: Section 59.001 defines "board" as the county board. Corrects
cross-reference.
AB378,79,1511
59.66
(1) (b) One year after the filing of the report the clerk of any circuit court
12holding or having in his or her possession any such moneys, securities or funds shall
13turn them over to the treasurer, unless sooner demanded by and turned over to the
14legal owners thereof under order of the court in which
the case, action or proceeding
15was pending.
Note: Inserts missing word.
AB378,80,318
59.66
(1) (c) On or before March 1 of the same year the treasurer shall publish
19in the county, as a class 3 notice, under ch. 985, the fact that he or she has unclaimed
20moneys, securities or funds in his or her possession for disposition. If no legal claim
21is made for the moneys, securities
, or funds within 90 days after the last publication
22above provided for, then the treasurer shall
turn
deposit the moneys, securities
, or
1funds, together with all interest and profits thereon,
into in the general fund of the
2county treasury, and no action may thereafter be maintained by any person, firm
, or
3corporation against the county or the treasurer for the moneys, securities or funds.
Note: Deletes unnecessary commas and replaces language for greater clarity and
readability.
AB378,81,116
59.66
(3) (title)
Disposition of unclaimed personal property other than
7money or securities held by: county institutions, coroner coroners, medical
8examiner, sheriff examiners or sheriffs. All personal property other than money
9or securities of
a deceased
persons
person who at the time of
their his or her death
10are patients is a patient at any county institution or whose body is taken in charge
11by the coroner or medical examiner shall be preserved by the superintendent of the
12institution, the coroner or the medical examiner for one year unless the property is
13claimed sooner by a person having the legal right to the property. Annually on July
141 the superintendent, coroner or medical examiner shall make a verified written
15report listing all personal property which has remained in that person's custody for
16one year without being claimed and giving all facts as to ownership of the property
17as that person's records contain. The superintendent, coroner or medical examiner
18shall file the report with the sheriff of the county and deliver the property to the
19sheriff, who shall issue a receipt for the property. Thereupon the superintendent,
20coroner or medical examiner shall be discharged from further liability for the
21property, title to which shall then vest in the county. Any property which is left at
22the county jail for a period of one year after the prisoner has been discharged,
23transferred or committed and any property, found or stolen, which comes into the
1hands of the sheriff and in any case remains unclaimed for a period of one year, shall
2be sold as prescribed in this subsection. The sheriff shall, on or before August 1
3annually, post a notice in 3 public places in the county, briefly describing the property
4and stating that the sheriff will sell the property at public auction on a certain date
5and at a named place, which auction shall be held accordingly. Any of the property
6which is not disposed of at the auction shall be sold for the best price obtainable, and
7if the property cannot be disposed of by sale, shall be destroyed in the presence of the
8sheriff. The sheriff shall, on or before September 1 annually, remit the proceeds of
9the auction or general sale to the treasurer and shall file a verified report of the
10sheriff's action in connection therewith. The proceeds shall become a part of the
11general fund of the county.
Note: Changes plural word forms to the singular for proper sentence agreement.
Note: There is no conflict of substance. This provision was renumbered to s. 59.69
(9) (b) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision is renumbered to s. 59.692
(1m) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision is renumbered. to s. 59.692
(4) (a) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision is renumbered to s. 59.692
(7) (ag) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision is renumbered to s. 59.693
(2) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision is renumbered to s. 59.693
(8) by
1995 Wis. Act 201.
AB378,82,1612
59.694
(7) (c) To authorize upon appeal in specific cases
variance variances 13from the terms of the ordinance that will not be contrary to the public interest, where,
14owing to special conditions, a literal enforcement of the provisions of the ordinance
15will result in unnecessary hardship, and so that the spirit of the ordinance shall be
16observed and substantial justice done.
Note: Inserts correct word form.
AB378, s. 221
17Section
221. 59.70 (title) of the statutes is created to read:
AB378,82,18
1859.70 (title)
Environmental protection and land use.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(2) (L) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(2) (q) (intro.) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(3) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(6) (b) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(6) (c) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.70
(6) (e) by
1995 Wis. Act 201.
AB378,84,53
59.70
(13) (c) 3. Employ and fix the duties and compensation of a full-time or
4part-time entomologist to act as director of the mosquito control program, who shall
5develop and supervise
of the program.
Note: There is no conflict of substance. This provision was renumbered to s. 59.71
by
1995 Wis. Act 201.
AB378,85,1011
59.84
(2) (d) 1. The board may acquire in the name of the county or in the name
12of the state when so directed by the department of transportation, by donation,
13purchase, condemnation or otherwise, such lands, including any improvements on
14the lands, and any interests, easements, franchises, rights and privileges in or
15pertaining to lands, of whatever nature and by whomsoever owned, as the board
16considers necessary and required for expressway purposes, and to dispose of
the such
17lands. The board may use expressway lands for the location or relocation of any
18facility for mass transportation, including private or public utilities. The board may
19purchase or accept donation of remnants of tracts or parcels of land remaining at the
20time or after it has acquired by condemnation or after or coincident with its
21acquisition by purchase or donation portions of such tracts or parcels for expressway
22purposes where in the judgment of the board such action would assist in rendering
23just compensation to a landowner, a part of whose lands are required for expressway
1purposes, and would serve to minimize the overall cost of such necessary taking by
2the public. The county may dispose of such remnants. No lands or interest in lands
3that are acquired as provided in this paragraph shall be disposed of by the county
4without the consent of the board, and all money that is received for any such lands,
5improvements or interests in land, so disposed of, shall be credited to the land
6acquisition account as an abatement of expense. No lands acquired by the board, as
7provided in this subsection, in the name of or in trust for the state, shall be disposed
8of by the county without prior approval of the state, and the proceeds of the sale shall
9be remitted to the state or retained and used for expressway purposes when so
10directed by the department of transportation.
Note: Deletes word rendered surplusage by the treatment of this provision by
1995
Wis. Act 201.
AB378,86,1513
59.84
(2) (d) 2. After the general plan of expressways has been adopted, the
14board may, for specific approved highway projects or otherwise, acquire lands and
15interests therein of the nature and in the manner specified in this paragraph for the
16right-of-way of the expressways in advance of the time of the adoption of an
17expressway project budget including the lands and interests. Such power may be
18exercised when in the judgment of the board the public interest will be served and
19economy effected by forestalling development of the lands which will entail greater
20acquisition costs if acquired at
at a later date. Upon such acquisition the board may
21improve, use, maintain or lease the lands until the same are required for expressway
22construction. It is recognized that there may necessarily be a period of time between
23the acquisition of needed lands for right-of-way and the commencement of actual
1site clearance and construction, but such fact shall not minimize the public purpose
2of the acquisition. The owners of the lands at the time of the acquisition shall have
3the first right to enter into
lease leases thereof with the county until the lands are
4needed for expressway construction. Lands so leased for more than one year shall
5be subject to general property taxation during the term of the lease. All rentals shall
6be credited to the project or to the expressway land acquisition account. The board
7may provide out of funds acquired by bond issue or otherwise a land acquisition fund
8not in excess of $5,000,000 of expendable funds at any one time, to be used primarily
9for the acquisition of lands, improvements thereon and interests therein as specified
10in this subsection prior to the approval of the specific expressway project for which
11the lands or interests will be required. The fund shall be adjusted to reflect
12acquisition costs for lands and interests therein thereafter incorporated in specific
13approved expressway projects by transferring both the appropriations and the
14acquisition costs therefor to the proper expressway improvement expenditures
15account.
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".
AB378,86,1918
62.05
(1) (a) Cities of 150,000 population and over shall constitute 1st class
19cities
class.
Note: The stricken language should not have been retained in the treatment of this
provision by
1995 Wis. Act 225.
AB378, s. 233
20Section
233. 62.23 (7) (i) 2r. a. of the statutes is amended to read:
AB378,87,6
162.23
(7) (i) 2r. a.
An No adult family home described in s. 50.01 (1) (b) may be
2established within 2,500 feet, or any lesser distance established by an ordinance of
3the city, of any other adult family home described in s. 50.01 (1) (b) or any community
4living arrangement. An agent of an adult family home described in s. 50.01 (1) (b)
5may apply for an exception to this requirement, and the exception may be granted
6at 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.
AB378,87,209
66.023
(7m) Zoning in town territory. If a town is a party to a cooperative plan
10with a city or village, the town and city or village may agree, as part of the cooperative
11plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61,
1261.35 or 62.23 for all or a portion of the town territory covered by the plan. The
13exercise of zoning authority by a town under this subsection is not subject to s. 60.61
14(3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered
15by the plan, that ordinance and amendments to it continue until a zoning ordinance
16is adopted under this subsection. If a zoning ordinance is adopted under this
17subsection, that zoning ordinance continues in effect after the planning period ceases
18until a different zoning ordinance for the territory is adopted under other applicable
19law. This subsection does not affect zoning ordinances adopted under ss.
59.971 2059.692, 87.30 or 91.71 to 91.78.
AB378,88,6
166.066
(1a) Nothing in this section shall be construed to limit the authority of
2any municipality to acquire, own, operate and finance in the manner provided in this
3section, a source of water and necessary transmission facilities, including all real and
4personal property, beyond its corporate limits. A source of water 50 miles beyond a
5municipality's corporate
those limits shall be
considered within
a the municipality's
6that authority.
AB378,88,199
66.073
(8) (a) 2. The contracting municipalities may provide in the contract
10created under sub. (5) for payment to the company of funds for commodities to be
11procured and services to be rendered by the company. These municipalities and
12other persons and public agencies may enter into purchase agreements with the
13company for the purchase of electric power and energy whereby the purchaser is
14obligated to make payments in amounts which shall be sufficient to enable the
15company to meet its expenses, interest and principal payments, whether at maturity
16or upon debt service fund redemption,
for its bonds, reasonable reserves for debt
17service, operation and maintenance and renewals and replacements and the
18requirements of any rate covenant with respect to debt service coverage contained
19in 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.
AB378, s. 237
20Section
237. 66.073 (16) (b) of the statutes is amended to read:
AB378,89,821
66.073
(16) (b) The property of a company, including any proportional share of
22any property owned by a company in conjunction with any other person or public
23agency, is declared to be public property used for essential public and governmental
1purposes and such property or proportional share, a company and its income shall
2be exempt from all taxes of the state or any state public body except that for each
3project owned or partly owned by it, a company shall make
4payments-in-lieu-of-taxes to the state equal to the amount which would be paid to
5the state under ss. 76.01 to 76.26 for such project or share thereof if it were deemed
6to be owned by a company under s. 76.02
(9) (2). The payment shall be determined,
7administered and distributed by the state in the same manner as the taxes paid by
8companies under ss. 76.01 to 76.26.
Note: This bill renumbers s. 76.02 (9) to s. 76.02 (2).
AB378,89,2411
66.293
(12) (a) Except as provided under pars. (b) and (c), the department shall
12notify any local governmental unit applying for a determination under sub. (3) and
13any local governmental unit exempted under sub. (6) of the names of all persons
14whom the department has found to have failed to pay the prevailing wage rate
15determined under sub. (3) or has found to have paid less than 1.5 times the hourly
16basic rate of pay for all hours worked in excess of the prevailing hours of labor
17determined under sub. (3) at any time in the preceding 3 years. The department shall
18include with any such name the address of such person and shall specify when such
19person failed to pay the prevailing wage rate and when such person
failed to pay paid 20less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
21prevailing hours of labor. A local governmental unit may not award any contract to
22such person unless otherwise recommended by the department or unless at least 3
23years have elapsed from the date the department issued its findings or the date of
24final determination by a court of competent jurisdiction, whichever is later.
Note: Eliminates double negative for parallel construction with other sections
created by
1985 Wis. Act 159.
AB378, s. 239
1Section
239. 66.435 (2m) (title) of the statutes is created to read:
AB378,90,22
66.435
(2m) (title)
Definitions.
Note: 1995 Wis. Act 225 created s. 66.435 (2m). The other s. 66.435 subsections
have titles.