1995 Wisconsin Act 201

201,288 Section 288 . 59.28 of the statutes is renumbered 59.32 (1) and 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), and remit them to the county treasurer as provided in s. 59.15 59.22 (1) (b).

201,289 Section 289 . 59.29 (title) of the statutes is created to read:

59.29 (title) Transportation, apprehension of criminals.

201,290 Section 290 . 59.29 of the statutes is renumbered 59.29 (2) and amended to read:

59.29 (2) Compensation for apprehensions in other states; conditions. (a) In all cases where by the laws of this state the governor is authorized to demand of the executive authority of any other state any fugitive from justice or any person charged with crime in this state and to appoint an agent to receive such person, and such person is apprehended in any other state by the sheriff or deputy sheriff of the county in this state where the warrant for such fugitive from justice is properly issued, or such crime was committed, and such person voluntarily returns with said sheriff to this state without requisition, such sheriff shall be entitled to eight dollars $8 per day for the time necessarily expended in traveling to, apprehending and returning with such person and the sheriff's actual and necessary expenses for such time, which compensation and expenses shall be allowed by the county board of such county upon the presentation thereto of an itemized and verified account, stating the number of days that the sheriff was engaged, the number of miles traveled and each item of expense incurred in rendering such services, including the transportation and board of the person in custody. No allowance whatever shall be made to the sheriff as mileage.

(b) The sheriff of any county having less than 300,000 population shall not receive the compensation provided under sub. (1) par. (a), unless the apprehension was duly authorized in writing by the district attorney or by the circuit judge for the county where the crime was committed. The written authority shall certify that the ends of justice will be subserved served by the apprehension and return of the person, and the sheriff shall attach the certificate to and file it with his or her itemized account of such services.

(c) If the district attorney certifies in writing that it is necessary or desirable, the sheriff or deputy sheriff may be accompanied and assisted in retaining custody of any such prisoner, by one or more other deputy sheriffs, who shall be entitled to compensation for such services to compensation at the rate of $5 per day, unless a different rate is established by resolution of the county board, and to their necessary and actual expenses. Such compensation and expenses shall be claimed and allowed in the manner provided in sub. (1) par. (a) and the said certificate of the district attorney shall be attached to the verified account of such deputy for such services.

201,291 Section 291 . 59.30 of the statutes is renumbered 59.32 (2) and amended to read:

59.32 (2) Fees, how collected. All fees allowed to the sheriff upon the service of an execution or a writ for the collection of money or judgment for the sale of real estate and advertising thereon shall be collected by virtue of such the execution, writ or judgment in the same manner as the sum therein directed to be collected.

201,292 Section 292 . 59.31 of the statutes is renumbered 59.32 (3) and amended to read:

59.32 (3) Fees, how paid. All fees to which sheriffs or their deputies are entitled for attendance required by law upon any court of record shall be paid out of the treasury of the county wherein such in which the services were rendered in the manner that fees of jurors attending such courts are paid; and whenever any such officer is required to perform any service for the state, which is not chargeable to the officer's county or some officer or person, that officer's account therefor shall be paid out of the state treasury.

201,293 Section 293 . 59.32 (title) of the statutes is created to read:

59.32 (title) Fees received by sheriff.

201,294 Section 294 . 59.32 of the statutes is renumbered 59.32 (4) and amended to read:

59.32 (4) Excessive fees. No sheriff, undersheriff or deputy shall directly or indirectly ask, demand or receive for any services or acts to be performed by that officer in the discharge of any of that officer's official duties any greater fees than are allowed by law; and for the violation of any of the provisions of this section subsection every such officer shall be liable in treble damages to the party aggrieved and shall forfeit not less than twenty-five $25 nor more than two hundred and fifty dollars $250.

201,295 Section 295 . 59.33 of the statutes is amended to read:

59.33 Powers after term. (1) Every undersheriff and deputy sheriff, compensated for services by fees or by part salary and part fees, may execute and return all writs, processes and orders in their hands at the expiration of the sheriff's term of office and which the undersheriff or deputy sheriff has, prior to before that time, begun to execute by service, levy, advertisement or the collection of money thereon.

(2) In counties where the compensation of sheriffs, undersheriffs and deputies has been changed from the fee to the salary system as provided by law, the sheriff, immediately upon the expiration of the sheriff's term, shall turn over to the sheriff's successor all writs, processes and orders in the hands of the sheriff, or in the hands of the undersheriff or deputies, whether or not such writs, processes and orders have been partly or fully executed or returned, and such successor shall execute and return or complete the execution and return of such writs, processes and orders.

(3) In case of a vacancy in the office of sheriff, of any county, the undersheriff and deputies then in office having then any writ, process or order in their hands shall have the same authority and be under the same obligation to serve, execute and return the same as if such the sheriff had continued in office.

201,296 Section 296 . 59.34 (title) of the statutes is created to read:

59.34 (title) Coroner, medical examiner duties; coroner compatibility.

201,297 Section 297 . 59.34 (intro.), (1) to (4) and (6) of the statutes are renumbered 59.34 (1) (intro.) and (a) to (e) and amended to read:

59.34 (1) Coroner; medical examiner; duties. (intro.) The coroner shall do all of the following:

(a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.346 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis and shall be paid such compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court or district attorney upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.

(b) When there is no sheriff or undersheriff in any county organized for judicial purposes, exercise all the powers and duties of sheriff of that county until a sheriff is elected or appointed and qualified; and when the sheriff for any cause is committed to the jail of that county, be keeper thereof during the time that the sheriff remains a prisoner therein.

(c) Serve and execute process of every kind and perform all other duties of the sheriff when the sheriff is a party to the action and whenever the clerk of the circuit court addresses the original or other process in any action to the coroner as provided in s. 59.395 (6) 59.40 (2) (o), execute the same in like manner as the sheriff might do in other cases; exercise the same powers and proceed in the same manner as prescribed for sheriffs in the performance of similar duties; and in all cases the coroner and the coroner's sureties shall be liable in the same manner and to the same extent on the coroner's official bonds as sheriffs and their sureties are liable in similar cases.

(d) Perform all other duties that are required by law.

(e) Act as coroner in a nearby county when requested to do so under s. 59.345 (2) sub. (2) (b).

201,298 Section 298 . 59.34 (5) of the statutes is repealed.

201,299 Section 299 . 59.345 of the statutes is renumbered 59.34 (2) and amended to read:

59.34 (2) Coroner; compatibility with other offices. (a) Notwithstanding s. 979.04 (3) and except as provided in sub. (2) par. (b), any person holding office under s. 59.34 sub. (1) may also serve as a volunteer emergency medical technician or volunteer fire fighter.

(b) 1. No person serving as a coroner under s. 59.34 sub. (1) who also serves as a volunteer emergency medical technician or a volunteer fire fighter may participate as a coroner in any case in which he or she may be required to participate as a volunteer emergency medical technician or a volunteer fire fighter. If an apparent or actual conflict of interest arises between the person's duties as coroner and as volunteer emergency medical technician or volunteer fire fighter, the deputy coroner shall act as coroner in the case in which the conflict exists. If there is no deputy coroner, the coroner shall request that the coroner, medical examiner, deputy coroner or a medical examiner's assistant in a nearby county act as coroner in the case in which the conflict exists. Any fees owed to or expenses incurred by the acting coroner from the nearby county shall be paid by the county that requested the acting coroner's services.

2. If a person serving as coroner under s. 59.34 sub. (1) is required to exercise the powers and duties of sheriff under s. 59.34 (2) sub. (1) (b), the deputy coroner shall act as coroner or, if there is no deputy coroner, the coroner shall request under the procedures in par. (a) subd. 1. that another person act as coroner until the coroner is no longer exercising the powers and duties of sheriff.

201,300 Section 300 . 59.346 of the statutes is renumbered 59.38 (5) and amended to read:

59.38 (5) Medical examiner; appointment in populous counties. In any a county with a population of 500,000 or more, the county executive shall appoint the medical examiner in the unclassified service, subject to confirmation by a majority of the board. The medical examiner may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board, or by a majority of the members-elect of the board with the concurrence of the county executive. If the county executive vetoes an action by the board to dismiss the medical examiner, the board may override the veto by a two-thirds vote of the members-elect of the board.

201,301 Section 301 . 59.35 of the statutes is renumbered 59.38 (4) and amended to read:

59.38 (4) Special counties; deputies and assistants; powers. The medical examiner and his or her assistants shall be compensated for the performance of all their official duties by salaries fixed by the board under s. 59.351 sub. (1).

201,302 Section 302 . 59.351 of the statutes is renumbered 59.38 (1) and amended to read:

59.38 (1) Medical examiner, assistants; salaries; fees; report. The medical examiner and medical examiner's assistants authorized by the county board shall be paid semimonthly out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the county board. The medical examiner and medical examiner's assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the county board of the county and to the county treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer of the county all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner's assistant shall act as coroner in a nearby county when requested to do so under s. 59.345 (2) 59.34 (2) (b).

201,303 Section 303 . 59.352 of the statutes is renumbered 59.38 (2) and amended to read:

59.38 (2) Office and records. The county board of such county shall provide for the use of the medical examiner suitable offices at the county seat of the county, and the medical examiner shall keep in his or her office proper books containing records of all inquests held by the medical examiner, setting forth the time and place of holding such the inquests and the names of the jurors serving thereon, together with a brief statement of the inquest proceedings thereof.

201,304 Section 304 . 59.353 of the statutes is renumbered 59.38 (3) and amended to read:

59.38 (3) Medical examiner's bond. Before entering upon the duties of office, the medical examiner of the county shall deliver to the county clerk a bond, subscribed by 2 or more sufficient sureties, in such penal sum as the county board determines, conditioned for the faithful performance of all official duties as set forth in this chapter and ch. 979 and that he or she will faithfully account for and pay to the treasurer of the county all moneys which may come to him or her belonging to the county, and which by virtue of this chapter and ch. 979 the medical examiner is required to account for and pay as aforesaid.

201,305 Section 305 . 59.36 of the statutes is renumbered 59.37 and amended to read:

59.37 Service when no coroner. Whenever, for any cause, there is a vacancy in the office of coroner, or when the coroner is absent from the county, sick or unable to perform the duties of that office, or for any reason, except the nonpayment of legal fees, refuses to serve and execute legal process against the sheriff in any action commenced in any court of record within the county for which the coroner was or should have been elected, any judge of a court of record or court commissioner of the county may, on proof of the vacancy, sickness, absence or refusal to serve and execute such process, by an order to be endorsed on such process and addressed to him or her, empower any citizen of the county in which such process is to be served and executed to serve and execute the same; and that order shall be sufficient authority to the person therein named to serve and execute such process with like powers, liabilities and fees as the coroner.

201,306 Section 306 . 59.365 of the statutes is renumbered 59.35 and amended to read:

59.35 Deputy coroner. (1) Within 10 days after entering upon the duties of the office, the coroner may appoint up to 6 proper persons, residents of the county, deputy coroner. Such The deputies shall reside in the county for which they are appointed. The coroner may fill vacancies in the office of any such appointees, and may appoint a person to take the place of any deputy who becomes incapable of executing the duties of the office. A person appointed deputy coroner for a regular term or to fill a vacancy or otherwise shall hold office during the pleasure of the coroner. Every appointment of a deputy coroner and every revocation of such an appointment shall be in writing and filed and recorded in the office of the clerk of the circuit court. In case of a vacancy in the office of coroner, the chief deputy coroner shall in all things and with like liabilities and penalties execute the duties of such the office until the vacancy is filled as provided by law.

(2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the term of office, and after the death, resignation or removal from office of such the coroner as well as before; and an action for any such default or misconduct may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of such the coroner.

(3) The coroner may require a deputy coroner, before entering upon the duties of the office, to execute and deliver to the coroner a bond in such sum and with such sureties as the coroner may require, conditioned for the faithful performance of the deputy's official duties; and every default or misconduct of such the deputy coroner for which the coroner shall be liable shall be a breach of such the bond.

(4) Whenever a medical examiner has been appointed under s. 59.34 (1) (a), this section shall not apply in such counties, nor shall the coroner of such counties be responsible for any default or misconduct in office of such the medical examiner.

(5) Any A person holding office under this section may also serve as a volunteer emergency medical technician, a volunteer fire fighter or a chief, deputy chief or assistant chief of a fire department.

201,307 Section 307 . 59.37 of the statutes is renumbered 59.36 and amended to read:

59.36 Coroner; fees. The board shall set the fees for all services rendered by the coroner. The fees may not exceed an amount that is reasonably related to the actual and necessary cost of providing the service.

201,308 Section 308 . 59.375 of the statutes is renumbered 59.39 and amended to read:

59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a funeral establishment as defined in s. 445.01, or an employe of a funeral establishment, and no funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined not more than $50.

201,309 Section 309 . 59.38 (title) of the statutes is created to read:

59.38 (title) Medical examiner and assistants.

201,310 Section 310 . 59.38 (title) of the statutes is created to read:

59.38 (title) Medical examiner and assistants.

201,311 Section 311 . 59.38 of the statutes is renumbered 59.40 (1) and amended to read:

59.40 (1) Clerk of court; deputies; chief deputy; division chief deputies; calendar deputy clerk in certain counties. (a) Counties of less than 500,000 population. Every clerk of the circuit court shall appoint one or more deputies and the appointments shall be approved by the majority of circuit judges for the county, but shall be revocable by the clerk at pleasure, except in counties having a population of 500,000 or more. The appointments and revocations shall be in writing and shall be filed in the clerk's office. The deputies shall aid the clerk in the discharge of the clerk's duties. In the absence of the clerk from the office or from the court they, the deputies may perform all the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause the deputy appointed shall perform all such duties until the vacancy is filled.

(b) Counties of more than 500,000 population. In counties having a population of 500,000 or more the clerk shall appoint one chief deputy and 4 assistant chief deputy clerks, 3 calendar deputy clerks, and one or more deputy clerks as the county board authorizes. The deputy clerks shall aid the clerk in the discharge of the clerk's duties under the supervision of the clerk, the chief deputy clerk and the assistant chief deputy clerks. The appointments of the chief deputy clerk who is exempt from classified civil service and the calendar deputy clerks shall be in writing and filed in the clerk's office. These appointments shall be approved by the chief judge of the judicial administrative district, but are revocable at the pleasure of the clerk. The chief deputy clerk has all powers and duties of assistant chief deputy clerks, deputy clerks, and other court assistants except bailiffs and reporters and in the absence of the clerk from the office or from the court, the chief deputy clerk may perform all of the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause the chief deputy clerk shall perform all such duties until the vacancy is filled.

201,312 Section 312 . 59.39 (intro.) of the statutes is renumbered 59.40 (2) (intro.).

201,313 Section 313 . 59.39 (1) and (2) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 59.40 (2) (a) and (b) and amended to read:

59.40 (2) (a) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit such the papers. Such The papers may be microfilmed or microphotographed, or transferred to optical disks or electronic format if authorized under s. 59.145 59.52 (14), and the originals may thereafter be destroyed upon compliance with SCR chapter 72.

(b) Keep a court record and write therein in that record the names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file wherein in which the papers can be found, the time when the action or proceeding is put on the calendar for trial, and when and how the action or proceeding is disposed of; the location where minutes in every case can be found and the place in the judgment record or microfilm or optical disc or electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.

201,314 Section 314 . 59.39 (3) and (4) of the statutes are renumbered 59.40 (2) (c) and (d) and amended to read:

59.40 (2) (c) Keep a criminal record and write therein in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information record where indictments and informations can be found.

(d) Keep a minute record and, except for actions under ch. 799, write therein in that record a brief statement of all proceedings in open court showing motions and orders during trial, names of witnesses, jurors drawn, the officer sworn to take them in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu of keeping a minute record, may elect to incorporate in the appropriate court record, civil or criminal, the data which this subsection paragraph requires to be recorded.

201,315 Section 315 . 59.39 (7) and (8) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 344), are renumbered 59.40 (2) (e) and (f).

201,316 Section 316 . 59.39 (9) of the statutes is renumbered 59.40 (2) (g) and amended to read:

59.40 (2) (g) Keep an index or indices to: to the court record, the criminal record, the judgment record and the lien record.

201,317 Section 317 . 59.39 (9m) of the statutes is renumbered 59.40 (2) (h).

201,318 Section 318 . 59.39 (10) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 344), is renumbered 59.40 (2) (i).

201,319 Section 319 . 59.395 (intro.) and (1) of the statutes are repealed.

201,320 Section 320 . 59.395 (2) to (5), (5m) and (6) to (8) of the statutes are renumbered 59.40 (2) (j) to (q) and amended to read:

59.40 (2) (j) Keep a record called registers of officials and write or copy therein in the record in tabular form the names of court commissioners, deputy sheriffs, notaries public and municipal judges. The clerk shall list the officers' names, the dates of their qualification and the commencement and termination, if any, of their terms. The names shall be in alphabetical order or there shall be an index in alphabetical order to the names.

(k) Keep a record called certificate lists and write or copy therein in the record a list of all certificates issued by him or her to witnesses, interpreters, jurors, sheriffs, deputy sheriffs and deputy clerks, stating the persons to whom issued, the number, date and amount of each certificate. At each annual session of the board, the board may request that the clerk prepare a summary report of certificates issued in the previous year.

(L) Send to the secretary of state on or before June 1 of each year a certified lists list of all municipal judges who filed their official bonds during the preceding year.

(m) Pay monthly to the county 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 county 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. 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. 161.41 (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. 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. 144.992 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.

(n) Pay monthly to the county treasurer the amounts required by s. 302.46 (1) for the jail assessment surcharge. The payments shall be made by the 15th day of the month following receipt thereof.

(o) Address process to the coroner if a party, the party's agent or the party's attorney files an affidavit that the party believes the sheriff will not properly perform the sheriff's duty in such action.

(p) Cooperate with the department of health and family services with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 46.25 and 59.07 (97) 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

(q) Perform such all other duties as that are required by law.

201,321 Section 321 . 59.396 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 59.40 (4) and amended to read:

59.40 (4) Clerk of circuit court; collection agency contract. If authorized by the county board under s. 59.07 (155) 59.52 (28), the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under s. 59.395 (5) sub. (2) (m).

201,322 Section 322 . 59.40 (title) of the statutes is created to read:

59.40 (title) Clerk of court.