1997 Wisconsin Act 35

Note: 1995 Wis. Act 201 renumbered s. 59.39 (1) to (10) to s. 59.40 (2) (a) to (i).

35,186 Section 186 . 59.40 (2) (h) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), 1995 Wisconsin Act 201, section 317, and 1995 Wisconsin Act 279, section 8, is amended to read:

59.40 (2) (h) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), keep a record of all payments and arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and directed under s. 767.29 (1) to be paid to the clerk or county support collection designee or ordered by a court in another county or jurisdiction but enforced or received by the court of the clerk's county. If the department of health and family services operates a data system relating to those payments and arrearages, the clerk shall use that system to keep this record.

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,187 Section 187 . The treatments of 59.40 (2) (m) of the statutes by 1995 Wisconsin Act 201, section 320, and 1995 Wisconsin Act 227, section 203, are not repealed by 1995 Wisconsin Act 448, section 61. All treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.40 (2) (m) by 1995 Wis. Act 201.

35,188 Section 188 . The treatment of 59.43 (1) (q) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 346, is not repealed by 1995 Wisconsin Act 227, section 204. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.43 (1) (q) by 1995 Wis. Act 201.

35,189 Section 189 . The treatment of 59.43 (2) (h) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 382, is not repealed by 1995 Wisconsin Act 225, section 162. Both treatments stand.

Note: There is no conflict of substance.

35,190 Section 190 . 59.43 (2m) (a) (intro.), 4. a. and b. and 5., (b) (intro.) and 6., (c), (d) (intro.) and (e) of the statutes, as affected by 1995 Wisconsin Act 201, section 352, are amended to read:

59.43 (2m) (a) (intro.) Except as provided in subs. (4) and (5) pars. (d) and (e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following on the first page of the instrument:

4. a. Directly below the recording information area described under par. (c) subd. 3.

b. Directly below the document number area described under par. (b) subd. 2.

5. a. Subject to subds. 2. and 3. subd. 5. b. and c., a space and a line are provided directly below the return address information and the line is labeled as “parcel identifier number", “parcel identification number", “parcel ID number", “parcel number" or “PIN".

b. If multiple parcels are affected by the instrument, the line described under subd. 1. 5. a. may be used to refer the reader to another area of the instrument where the parcel identifier number is located.

c. Subdivision 1. 5. a. applies only in a county whose board requires the use of a parcel identifier number.

(b) (intro.) Except as provided in subs. (4) and (5) pars. (d) and (e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following:

6. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this section subsection.

(c) The register of deeds shall provide, upon request, a blank form which a person may complete and use as the first page of an instrument that the person seeks to record. The blank form shall be provided without charge and shall conform to the provisions of subs. (1) and (2) pars. (a) and (b).

(d) (intro.) Subsections (1) and (2) Paragraphs (a) and (b) do not apply to any of the following instruments:

(e) Every instrument that the register of deeds accepts for recordation under this section subsection shall be considered recorded despite its failure to conform to one or more of the requirements of this section subsection, if the instrument is properly 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.

35,191 Section 191 . 59.43 (12m) (d) 1. (intro.), 2., 3. and 4. of the statutes, as affected by 1995 Wisconsin Act 201, section 369, and 1995 Wisconsin Act 225, section 159, are amended to read:

59.43 (12m) (d) 1. (intro.) The county board of any county may at any meeting, by resolution, authorize a plan for a new and corrected set of tract indices and order new tract indices arranged and compiled according to the plan whenever, in the judgment of the board, any existing tract index or indices become unfit for use, because of any of the following:

2. The board may purchase suitable books for the new tract indices and may receive bids and contract with any competent person to the prepare the new tract indices, at a price not exceeding 5 cents per folio, which shall be paid out of the county treasury on acceptance of the new tract indices by the board.

3. The person contracting to the prepare the new tract indices, and the person's assistants, shall have access to and be entitled to the use of the old tract indices and other records in the register of deeds' office and other county records the.

4. When the new tract indices are completed and the approved and adopted by the board, the old tract indices shall be preserved as provided in s. 59.52 (3) (b). The resolutions of the board ordering, approving and adopting the new tract indices, duly certified by the clerk, shall be recorded in each volume of the new tract indices; and thereupon the the new tract indices shall become and be the only lawful tract indices in 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).

35,192 Section 192 . 59.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 201, section 387, and 1995 Wisconsin Act 225, section 163, is amended to read:

59.44 (1) (a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as the board considers advisable. The county board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.

Note: Section 59.001 defines “board" as the county board.

35,193 Section 193 . 59.45 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 201, section 391, is amended to read:

59.45 (1) (a) 2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners and of all bearings and the distances of all courses run, of each survey made personally, by deputies or by other land surveyors and arrange or index the record so it is an easy to use reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in file files in the office of the county surveyor to be provided by the county. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which 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.

35,194 Section 194 . 59.52 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 414, is amended to read:

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

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

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

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

Note: Corrects word form.

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

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

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

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

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

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

Note: Clarifies reference.

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

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

Note: Deletes unnecessary language.

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

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

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

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

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

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

Note: Corrects word form.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

59.64 (1) (a) In general. Every person, except jurors, witnesses and interpreters, and except physicians or other persons who are entitled to receive from the county fees for reporting to the register of deeds births or deaths, which have occurred under their care, having any claim against any county shall comply with s. 893.80. This subsection paragraph does not apply to actions commenced under s. 19.37 or 19.97.

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

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

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

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

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

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

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

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

59.66 (1) (b) One year after the filing of the report the clerk of any circuit court holding or having in his or her possession any such moneys, securities or funds shall turn them over to the treasurer, unless sooner demanded by and turned over to the legal owners thereof under order of the court in which the case, action or proceeding was pending.