SB639: Bill Text

SB639, s. 310 Section 310. 59.38 (title) of the statutes is created to read:

SB639,173,6 59.38 (title) Medical examiner and assistants.

SB639, s. 311 Section 311. 59.38 of the statutes is renumbered 59.40 (1) and amended to read:

SB639,173,19 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.

SB639,174,8 (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.

SB639, s. 312 Section 312. 59.39 (intro.) of the statutes is renumbered 59.40 (2) (intro.).

SB639, s. 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:

SB639,174,16 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.

SB639,175,2 (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.

SB639, s. 314 Section 314. 59.39 (3) and (4) of the statutes are renumbered 59.40 (2) (c) and (d) and amended to read:

SB639,175,8 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.

SB639,175,14 (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.

SB639, s. 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).

SB639, s. 316 Section 316. 59.39 (9) of the statutes is renumbered 59.40 (2) (g) and amended to read:

SB639,175,20 59.40 (2) (g) Keep an index or indices to: to the court record, the criminal record, the judgment record and the lien record.

SB639, s. 317 Section 317. 59.39 (9m) of the statutes is renumbered 59.40 (2) (h).

SB639, s. 318 Section 318. 59.39 (10) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 344), is renumbered 59.40 (2) (i).

SB639, s. 319 Section 319. 59.395 (intro.) and (1) of the statutes are repealed.

SB639, s. 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:

SB639,176,8 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.

SB639,176,14 (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.

SB639,176,16 (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.

SB639,177,12 (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.

SB639,177,15 (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.

SB639,177,18 (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.

SB639,177,23 (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.

SB639,177,24 (q) Perform such all other duties as that are required by law.

SB639, s. 321 Section 321. 59.396 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 59.40 (4) and amended to read:

SB639,178,10 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).

SB639, s. 322 Section 322. 59.40 (title) of the statutes is created to read:

SB639,178,12 59.40 (title) Clerk of court.

SB639, s. 323 Section 323. 59.40 of the statutes is renumbered 59.41 and amended to read:

SB639,178,17 59.41 Not to act as attorney. No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the person holds the office of the clerk.

SB639, s. 324 Section 324. 59.42 (title) of the statutes is created to read:

SB639,178,19 59.42 (title) Corporation counsel.

SB639, s. 325 Section 325. 59.42 of the statutes is renumbered 59.40 (3) and amended to read:

SB639,178,25 59.40 (3) Clerk of court; fees; investment of funds. (a) The clerk of the circuit court shall collect the fees that are prescribed in ss. 814.60 to 814.63. The clerk may refuse to accept any paper for filing or recording until the fee prescribed in subch. II of ch. 814 or any applicable statute is paid.

SB639,179,4 (b) Except as provided in sub. (3) par. (c), the clerk may invest any funds that are paid into his or her office and which are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.04 (2) and all income that may accrue shall be paid into the county general fund.

SB639,179,7 (c) A judge may direct that sub. (2) par. (b) does not apply to certain funds paid into the office. The judge's authority applies only to funds relating to cases before his or her court.

SB639, s. 326 Section 326. 59.43 (title) of the statutes is created to read:

SB639,179,9 59.43 (title) Register of deeds; duties, fees, deputies.

SB639, s. 327 Section 327. 59.43 (12) (title) of the statutes is created to read:

SB639,179,12 59.43 (12) (title) Destruction, transfer of documents; recording, indexing documents.

SB639, s. 328 Section 328. 59.45 (title) of the statutes is created to read:

SB639,179,14 59.45 (title) County surveyor; duties, deputies, fees.

SB639, s. 329 Section 329. 59.455 (title) of the statutes is renumbered 59.42 (2) (title) and amended to read:

SB639,179,18 59.42 (2) (title) Corporation counsel in special counties; appointment, dismissal and duties.

SB639, s. 330 Section 330. 59.455 of the statutes is renumbered 59.42 (2) (a) and amended to read:

SB639,180,15 59.42 (2) (a) In any a county with a population of 500,000 or more there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers and clerks at such salaries as are authorized by the county board of supervisors. The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The corporation counsel shall appoint deputies, assistants and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.

SB639, s. 331 Section 331. 59.456 (title) of the statutes is repealed.

SB639, s. 332 Section 332. 59.456 (intro.), (1) to (3) and (5) of the statutes are renumbered 59.42 (2) (b) (intro.) and 1. to 4. and amended to read:

SB639,180,21 59.42 (2) (b) (intro.) The duties of the corporation counsel and assistant corporation counsels shall be, without restriction limitation because of enumeration, to:

SB639,181,4 1. Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of such the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of said the county is required by any statute to do so.

SB639,181,14 2. Give advice to the county board of supervisors, county park commission, county department under s. 46.215 or 46.22 and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers', interpreters', witnesses' and jurors' fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it.

SB639,181,19 3. Serve as legal adviser to the county highway commissioner and county highway committee and, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where such the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.

SB639,182,8 4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within said the county now or hereafter that are imposed by any statute upon the district attorney of such the county and for such purposes the term "district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are herein or hereafter conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under s. 165.25 (3).

SB639, s. 333 Section 333. 59.457 of the statutes is renumbered 59.42 (3) and amended to read:

SB639,182,18 59.42 (3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under s. 59.07 (44) sub. (1) or in addition to employing a corporation counsel under s. 59.07 (44) or 59.455, a county sub. (1) or (2) (a), a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.

SB639, s. 334 Section 334. 59.458 of the statutes is renumbered 59.53 (6) and amended to read:

SB639,182,25 59.53 (6) Attorneys; support enforcement responsibility. (a) 1. Except as provided in par. (b) subd. 2., each county board shall employ or contract with attorneys to provide support enforcement. Sections 59.07 (44), 59.455 and 59.457 do Section 59.42 (1), (2) (a) and (3) does not preclude a county board from assigning these support enforcement duties to any attorney employed by the county.

SB639,183,12 2. If, on June 1, 1989, a county has 1.0 or more full-time equivalent attorney positions that have primary responsibility for handling cases described in sub. (2) par. (b), as determined by the district attorney of the prosecutorial unit, the county shall establish and maintain a support enforcement office consisting of support enforcement attorneys and office personnel. In counties having a population of less than 500,000, a county budget under s. 65.90 shall list the proposed appropriation under s. 65.90 (2) for the support enforcement office separate from any other office, department or activity. In counties having a population of 500,000 or more, a county budget shall treat a support enforcement office as a department, as defined in s. 59.84 59.60 (2) (a), separate from all other departments. If a county ceases to employ 1.0 or more full-time equivalent attorney positions in the office, the county may provide support enforcement under par. (a) subd. 1.

SB639,183,16 (b) Attorneys responsible for support enforcement under sub. (1) par. (a) shall institute, commence, appear in or perform other prescribed duties in actions or proceedings under sub. (5) and ss. 46.25 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch. 769.

SB639,183,20 (c) If the place of trial is changed to another county in any action or proceeding under sub. (2) par. (b), an attorney responsible for support enforcement under sub. (1) par. (a) shall continue to prosecute or defend the action or proceeding in the other county.

SB639, s. 335 Section 335. 59.50 of the statutes is renumbered 59.43 (3) and amended to read:

SB639,184,5 59.43 (3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be filed and recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.

SB639, s. 336 Section 336. Subchapter V (title) of chapter 59 [precedes 59.51] of the statutes is created to read:

SB639,184,8 Chapter 59

SB639,184,10 Subchapter V Powers and duties of counties

SB639, s. 337 Section 337. 59.51 (title) of the statutes is created to read:

SB639,184,12 59.51 (title) Board powers.

SB639, s. 338 Section 338. 59.51 (intro.) of the statutes is renumbered 59.43 (1) (intro.).

SB639, s. 339 Section 339. 59.51 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (1) (a) and amended to read:

SB639,185,9 59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. Any county, by board a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting pursuant to under ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).

SB639, s. 340 Section 340. 59.51 (1m) to (10) of the statutes are renumbered 59.43 (1) (b) to (k) and amended to read:

SB639,185,13 59.43 (1) (b) Perform the duties that are related to vital statistics under ss. 69.05 and 69.07.

SB639,185,18 (c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps, if any, that are affixed thereto and shall also state upon the record the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25.

SB639,185,20 (d) Keep the several books and indexes hereinafter mentioned in this section in the manner required.

SB639,185,24 (e) Indorse Endorse upon each instrument or writing received by the register for record a certificate of the time when it was received, specifying the day, hour and minute of reception and the volume and page where the same is recorded, which shall be evidence of such facts.

SB639,186,4 (f) Indorse Endorse plainly on each instrument received for record, or file as soon as received a number consecutive to the number affixed to the instrument next previously received according to the numbering now established, and to enter the same in the indexes.

SB639,186,7 (g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.

SB639,186,9 (h) Register, file and index as directed by law, all marriages contracted, deaths and births occurring in the county.

SB639,186,12 (i) Make and deliver to any person, on demand and upon payment of the legal required fees therefor, a certified copy duly certified, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.

SB639,186,15 (j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.

SB639,186,20 (k) Keep a book and record therein in that book all certificates of organization of corporations, and all amendments thereof of such certificates that are filed or required by law to be recorded in the register's office, and an alphabetical index of the names of such corporations, with a reference to the number and page of the volume where such writings are recorded respectively.

SB639, s. 341 Section 341. 59.51 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (1) (L) and amended to read:

SB639,187,14 59.43 (1) (L) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions pursuant to under ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8-1/2 8.5 inches wide and 5, 7, 10-1/2 10.5 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by s. 59.57 sub. (2). No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.

SB639, s. 342 Section 342. 59.51 (12) to (13) of the statutes are renumbered 59.43 (1) and (m) to (o) and amended to read:

SB639,187,19 59.43 (1) (m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, indorsing endorsing on each document the document number and the date and time of reception.

SB639,188,6 (n) Upon the filing of a financing statement or other document evidencing the creation of a security interest in personal property or fixtures or in crops growing or to be grown, enter the name of each debtor alphabetically in indices, of which each page shall be divided into columns which shall contain the following information: Number number of the document, date and time of filing, name and address of debtor, name and address of secured party, name of the document, the amount if any, shown in the document, brief description of property, and the last column set aside for the entry of assignments, continuation statements, termination statements, foreclosure affidavits, extensions and releases pertaining to such financing statements or chattel security documents. If the financing statement evidences the creation of a security interest in fixtures, it also shall be entered in the tract index if one is kept in the county.