SB639,217,1612
Subchapter VII
13
Land use, information
14
and regulation,
15
environmental protection,
16
Surveys, planning and zoning
SB639, s. 406
17Section
406. 59.69 (title) of the statutes is renumbered 59.56 (14) (title).
SB639, s. 407
18Section
407. 59.69 (1) (title) of the statutes is repealed.
SB639, s. 408
19Section
408. 59.69 (1) (intro.), (a), (b) and (c) of the statutes are renumbered
2059.56 (14) (a) 1. and 2., (b) and (c) and amended to read:
SB639,217,2321
59.56
(14) (a) 1.
Land Except as provided in par. (c), land upon which to hold
22agricultural and industrial fairs and exhibitions may be acquired by
county boards 23a board and improvements made thereon.
SB639,218,3
12. In counties containing less than 500,000 population, the
county board may
2annually, at the same time that other county taxes are levied, levy a tax upon the
3taxable property of such county.
SB639,218,114
(b) The board may grant the use of fairgrounds acquired under par. (a)
2. to
5agricultural and other societies of similar nature for agricultural and industrial fairs
6and exhibitions, and such other purposes as tend to promote the public welfare, and
7may receive donations of money, material or labor from any person or municipality
8for the improvement or purchase of such land. All improvements made on such lands
9by societies using them may be removed by the societies at any time within 6 months
10after their right to use the land terminates, unless otherwise agreed in writing
11between the societies and the county at the time of
the making
of the improvements.
SB639,219,612
(c) In counties containing more than 500,000 population,
land upon which to
13hold agricultural and industrial fairs and exhibitions may be acquired by a board,
14and improvements made thereon, by donation, purchase or condemnation, but not
15exceeding in value $150,000, and the board may convey or donate such lands so
16purchased or acquired or the use thereof to the state of Wisconsin or to agricultural
17and industrial societies for the purpose of holding thereon agricultural and
18industrial fairs and exhibitions, and may receive donations of money, material or
19labor from any person or municipality for the improvement or purchase of such land.
20If at any time lands or the use thereof so conveyed or donated shall be abandoned or
21no longer used for the purpose for which such lands or the use thereof were so
22conveyed or donated, the title to such land shall revert to the county; and the
23commissioners of public lands, in the case of conveyances or donations to the state,
24are authorized and directed to execute and deliver such proper deeds of conveyance
25as well as revest the title to such lands in such county, and when such lands or the
1use thereof were conveyed or donated to an agricultural and industrial society, such
2proper deeds or conveyance shall be executed and delivered by such society by its
3proper officers. However, the state may at any time within one year after title to any
4such lands revests, by proper conveyance in such county, remove any structures
5erected thereon by or for the state subsequent to the acquisition of such lands by the
6state.
SB639, s. 409
7Section
409. 59.69 (2) (title) of the statutes is repealed.
SB639, s. 410
8Section
410. 59.69 (2) of the statutes is renumbered 59.56 (14) (d) and
9amended to read:
SB639,219,1710
59.56
(14) (d) The board
of any county may vote an amount which it
deems 11considers sufficient to aid in the purchase of, or to make improvements upon the
12fairgrounds for any organized agricultural society, or to aid any organized
13agricultural society or any incorporated poultry association in any of its public
14exhibitions held or to be held; and any amount so voted shall be paid upon demand
15by the treasurer to the treasurer of such organized agricultural society, who shall
16keep an accurate record of the expenditure thereof by such society, and file a verified
17copy of such record with the clerk within one year after the receipt of such amount.
SB639, s. 411
18Section
411. 59.69 (3) (title) of the statutes is repealed.
SB639, s. 412
19Section
412. 59.69 (3) of the statutes is renumbered 59.56 (14) (e) and
20amended to read:
SB639,219,2421
59.56
(14) (e)
Whenever The board may provide for and conduct county fairs
22and exhibitions if a majority of the electors
upon a referendum in
any the county
have
23approved thereof, the board may provide for and conduct county fairs and exhibitions 24so approve, in a referendum, and for such purpose may:
SB639,220,2
11. Acquire by deed or lease real estate and make improvements
thereon on such
2real estate.
SB639,220,43
2. Appropriate funds
for the adequate equipment and the proper management 4to properly equip, manage and control
of such the fair or exhibition.
SB639,220,75
3. Adopt rules and regulations for the management and control of
such the 6property
and of such, fair or exhibition and for the appointment and salaries of
7persons necessary therefor.
SB639, s. 413
8Section
413. 59.70 of the statutes is renumbered 59.53 (16) and amended to
9read:
SB639,220,2510
59.53
(16) Isolation hospitals. (a) In counties having a population of
thirty
11thousand 30,000 or more the
county board may erect, establish and maintain
12isolation hospitals or places for the care and treatment of all persons afflicted with
13infectious, contagious and communicable diseases, requiring isolation and
14quarantine under the laws of the state, who are inmates of the charitable, penal,
15correctional and other institutions of said county or who are required to be cared for
16and treated at the expense of said county. The board may also provide for the care
17and treatment therein of all persons so afflicted, who are required to be cared for by
18the various
towns, cities and villages municipalities in said counties, under such
19terms, conditions, rules and regulations, as to apportionment of cost of erection of
20such buildings and places and the expense of care and treatment of such persons
21afflicted, as may be agreed upon between the county board and the common council
22of such cities and the boards of such villages and towns, and each such council or
23board is hereby vested with power and authority to enter into such contracts and to
24appropriate such funds as may be necessary to carry into execution all contracts so
25made.
SB639,221,11
1(b) All isolation hospitals and other places, when
so erected or established in
2counties having a county board of administration, shall be conducted under the
3control and management of
said the board in the same manner and to the same
4extent as other institutions under the control of
such
the board, and in other counties
5such the isolation hospitals and other places shall be conducted under the control and
6management of the county board. Any resident of this state
who is not indigent may
7be received into, treated and cared for in
such an isolation hospital or other place
8upon
such the terms and conditions and at
such the rate or pay
as may be established
9and fixed by the board having charge of
such the isolation hospital or other place;
10provided, however, that indigent and destitute sick persons shall be cared for and
11have preference of admission to such hospitals and places.
SB639, s. 414
12Section
414. 59.71 of the statutes is renumbered 59.52 (3) and amended to
13read:
SB639,221,1714
59.52
(3) Records where kept; public examination; rebinding; transcribing.
15(a) The books, records, papers and accounts of the
county board shall be deposited
16with the respective county clerks and shall be open without any charge to the
17examination of all persons.
SB639,222,1518
(b) When any book, public record or the record of any
town, village or city
,
19village or town plat in any county office shall, from any cause, become unfit for use
20in whole or in part, the
county board shall order that the book, record or plat be
21rebound or transcribed. If the order is to rebind such book, record or plat, the
22rebinding must be done under the direction of the officer in charge of the book, record
23or plat, and in that officer's office. If the order is to transcribe such book, record or
24plat, the officer having charge of the same shall provide a suitable book for that
25purpose; and thereupon such officer shall transcribe the same in the book so provided
1and carefully compare the transcript with the originals, and make the same a correct
2copy thereof, and shall attach to the transcript a certificate over that officer's official
3signature that that officer has carefully compared the matter therein contained with,
4and that the same is a correct and literal copy of the book, record or plat from which
5the same was transcribed, naming such book. Such copy of book, record or plat, so
6certified, shall have the same effect in all respects as the original, and such original
7book, record or plat shall be deposited with the
county treasurer and carefully
8preserved except in counties having a population of 500,000 or more where a book
9containing a tract index is rewritten or transcribed, the original book may be
10destroyed. The order of the
county board directing the transcribing of any book,
11record or plat duly certified by the
county clerk shall, with such certificate, be
12recorded in each copy of book, record or plat transcribed. The fee of the officer for such
13service shall be fixed by the board, not exceeding 10 cents per folio, or if such books
14or any part thereof consist of printed forms, not to exceed 5 cents per folio for such
15books or records, to be paid by the county.
SB639, s. 415
16Section
415. 59.715 (intro.) and (1) to (10) of the statutes are renumbered
1759.52 (4) (a) (intro.) and 1. to 10., and 59.52 (4) (a) (intro.), 1. to 7., 9. and 10., as
18renumbered, are amended to read:
SB639,222,2219
59.52
(4) (a)
Destruction of obsolete county records. (intro.) Whenever
20necessary to gain needed vault and filing space, county or court officers and the
21custodian of the records of all courts of record in the state may, subject to
ss. 59.716
22and 59.717 pars. (b) and (c), destroy obsolete records in their custody as follows:
SB639,222,2423
1. Notices of tax apportionment
that are received from the secretary of state,
24after 3 years.
SB639,223,2
12. Copies of notices of tax apportionment
that are sent to local taxing districts
2by the
county clerk, after 3 years.
SB639,223,43
3. Records of bounty claims
that are forwarded to the department of natural
4resources, after one year.
SB639,223,75
4. Lists of
town, city and village officers
of a municipality that are certified to
6the county
clerk by the
town, city and village municipal clerks, after the date of the
7expiration of the term listed.
SB639,223,98
5. Crop reports
made that are submitted to the
county clerk by the local
9assessors, after 3 years.
SB639,223,1110
6. Illegal tax certificates
that are charged back to local taxing districts, 3 years
11after the date of charging back
the same such certificates.
SB639,223,1412
7. Notices of application for the taking of tax deeds and certificates of
13nonoccupancy, proofs of service and tax certificates
that are filed with the
county 14clerk in connection with the taking of tax deeds, after 15 years.
SB639,223,1615
9. Claims
that are paid by the county, and papers supporting such claims, after
167 years.
SB639,223,1817
10. Contracts, notices of taking bids, and insurance policies to which
the county
18is a party, 7 years after the last effective day thereof.
SB639, s. 416
19Section
416. 59.715 (12) and (14) of the statutes are renumbered 59.52 (4) (a)
2011. and 12. and amended to read:
SB639,223,2221
59.52
(4) (a) 11. Reports of town treasurers
that are submitted to the
county 22clerk on dog licenses sold and records of dog licenses issued, after 3 years.
SB639,223,2423
12.
County The clerk's copies of all receipts
that are issued by the
county 24treasurer, 4 years or until after being competently audited, whichever
date is earlier.
SB639, s. 417
1Section
417. 59.715 (15) to (19) and (21) to (23) of the statutes are renumbered
259.52 (4) (a) 13. to 20., and 59.52 (4) (a) 13., 15. and 17. to 20., as renumbered, are
3amended to read:
SB639,224,64
59.52
(4) (a) 13. Copies of notices
that are given by the
county clerk to the town
5assessors setting out lands owned by the county and lands sold by the county, after
63 years.
SB639,224,77
15. All other receipts of the
county treasurer, after 7 years.
SB639,224,88
17. Oaths of office,
after 7 years.
SB639,224,169
18. Case records and other record material of all public assistance
that are kept
10as required under ch. 49, if no payments have been made for at least 3 years and if
11a face sheet or similar record of each case and a financial record of all payments for
12each aid account are preserved in accordance with rules adopted by the department
13of health and family services. If the department of health and family services has
14preserved such case records and other record material on computer disc or tape or
15similar device, a county may destroy the original records and record material under
16rules adopted by the department.
SB639,224,2017
19.
After 10 years marriage Marriage license applications and records and
18papers pertaining to the applications, including antenuptial physical examinations
19and test certificates, consents of parent or guardian for marriage and orders of the
20court waiving the waiting period
, after 10 years.
SB639,224,2521
20. Books in the office of the register of deeds in counties
having with a
22population of 500,000 or more containing copies of deeds, mortgages, other
23miscellaneous documents and military discharges
that are authorized by law to be
24recorded in the office if the records first shall be photographed or microphotographed
25and preserved in accordance with ch. 228.
SB639, s. 418
1Section
418. 59.716 (intro.) and (1) to (3) of the statutes are renumbered 59.52
2(4) (b) (intro.) and 1. to 3., and 59.42 (4) (b) (intro.), 1. and 3., as renumbered, are
3amended to read:
SB639,225,84
59.52
(4) (b)
Transfer of obsolete county records. (intro.)
Prior to Before the 5destruction of public records under
s. 59.715 par. (a), the proper officers in counties
6with a population of less than 500,000 shall make a written offer to the historical
7society under s. 44.09 (1). If the offer is accepted by the society within 60 days, the
8officers shall transfer title to noncurrent records in their custody as follows:
SB639,225,109
1. Original papers, resolutions and reports
that are connected with
county 10board proceedings.
SB639,225,1111
3. Original minutes of the
county board.
SB639, s. 419
12Section
419. 59.717 (intro.), (1), (2) and (4) of the statutes are renumbered
1359.52 (4) (c) (intro.) and 1. to 3., and 59.52 (4) (c) (intro.), 1. and 3., as renumbered,
14are amended to read:
SB639,225,1815
59.52
(4) (c)
Destruction of county records, when. (intro.) If title is not accepted
16by the historical society within 60 days after a written offer is made under
s. 59.716 17par. (b), county officers in counties with a population of less than 500,000 may destroy
18records as follows:
SB639,225,2119
1. Original papers, resolutions and reports appearing in county board
20proceedings, 6 years following the date of first publication of the same in the official
21proceedings of the board.
SB639,225,2322
3. No assessment roll
containing that contains forest crop acreage may be
23destroyed without the prior approval of the secretary of revenue.
SB639, s. 420
24Section
420. 59.72 of the statutes is renumbered 59.47 and amended to read:
SB639,226,12
159.47 County auditors; powers; duties. (1) In every county the
county 2clerk shall act as auditor, unless a separate office of county auditor is created as
3provided in sub. (2), and, when directed by resolution of the
county board, shall
4examine the books and accounts of any county officer, board, commission, committee,
5trustees or other officer or employe entrusted with the receipt, custody or
6expenditure of money, or by or on whose certificate any funds appropriated by the
7county board are authorized to be expended, whether compensated for services by
8fees or by salary, and all original bills and vouchers on which moneys have been paid
9out and all receipts of moneys received by them. The clerk shall have free access to
10such books, accounts, bills, vouchers and receipts as often as may be necessary to
11perform the duties required under this subsection and he or she shall report in
12writing the results of the examinations to the
county board.
SB639,226,18
13(2) The
county board by resolution may create a separate office of county
14auditor and may fix the compensation of
such the auditor. The auditor shall perform
15the duties and have all
of the powers conferred upon the
county clerk as auditor by
16sub. (1), and shall perform such additional duties and shall have such additional
17powers as are imposed and conferred upon him or her from time to time by resolution
18adopted by the board.
SB639,227,3
19(3) If a county auditor's office is created under sub.
(1) (2), the chairperson of
20the
county board shall appoint a person known to be skilled in matters of public
21finance and accounting to act as county auditor. The appointment shall be made
22under ss. 63.01 to 63.17 and shall be subject to confirmation by the
county board. The
23auditor shall direct the keeping of all of the accounts of the county, in all of its offices,
24departments and institutions, and shall keep books of account necessary to properly
25perform the duties of the office. The auditor's salary and the amount of the official
1bond shall be fixed by the
county board. The auditor shall perform all duties
2pertaining to the office, have all of the powers and perform the duties in sub. (1) and
3perform other duties imposed by the
county board.
SB639,227,10
4(4) The
county board by resolution may authorize a county auditor appointed
5under sub. (3) to appoint a deputy auditor under ss. 63.01 to 63.17 to aid him or her
6in the discharge of the duties of his or her office, and who, in the absence or disability
7of the county auditor, or in case of a vacancy in said office, shall perform all the duties
8of the office of county auditor until such vacancy is filled, or disability is removed.
9Such deputy shall execute and file an official bond in the same amount as that given
10by the county auditor.
SB639, s. 421
11Section
421. 59.73 (title) of the statutes is created to read:
SB639,227,12
1259.73 (title)
Surveys; expressing bearings, subdividing sections.
SB639, s. 422
13Section
422. 59.73 of the statutes is renumbered 59.61 (1) and amended to
14read:
SB639,227,1715
59.61
(1) Receipts and deposits of money; accounts. Every county officer and
16employe and every board, commission or other body that collects or receives
moneys 17money for or in behalf of the county
, shall:
SB639,227,1918
(a) Give such receipts therefor and file such duplicates thereof with the
county 19clerk and
county treasurer as the
county board directs.
SB639,227,2220
(b) Keep books of account and enter
therein accurately
in the books from day
21to day with ample description, the items of that person's or that body's official service,
22and the fees therefor.
SB639,227,2523
(c) Pay all such
moneys money into the county treasury at
such the time
as that 24is prescribed by law, or if not so prescribed daily or at
such the intervals
as that are
25prescribed by the
county board.
SB639,228,2
1(d) Perform all other duties in connection therewith that are
prescribed by or
2pursuant to required by law.
SB639, s. 423
3Section
423. 59.74 (title) of the statutes is created to read:
SB639,228,4
459.74 (title)
Perpetuation of section corners, landmarks.
SB639, s. 424
5Section
424. 59.74 of the statutes is renumbered 59.61 (2) and amended to
6read:
SB639,228,157
59.61
(2) Depositories; designation. (a) The
county board of each county
8having a population of 200,000 or more shall designate 2 or more, and in other
9counties the
county board, or when the occasion arises and the
county board is not
10in session, then a committee of the board which has been authorized to do so shall
11designate one or more credit unions, banks, savings banks, savings and loan
12associations, or trust companies organized and doing business under the laws of this
13state or federal law, located in this state, as county depositories, one or more of which
14shall be designated as working credit unions, savings banks, savings and loan
15associations or banks, all deposits in which shall be active deposits.
SB639,228,1816
(b) In addition to the depositories specified in
sub. (1) par. (a), the local
17government pooled-investment fund may be designated as a depository for
18investment purposes.
SB639, s. 425
19Section
425. 59.75 of the statutes is renumbered 59.61 (3) and amended to
20read:
SB639,229,1021
59.61
(3) Funds to be placed in depositories; reports; cash balance. (a)
22Whenever
any county a board has designated a county depository under
s. 59.74 sub.
23(2), the
county treasurer shall deposit therein as soon as received all funds that come
24to the treasurer's hands in that capacity in excess of the sum the treasurer is
25authorized by the board to retain. Any sum on deposit shall be
deemed considered
1to be in the county treasury, and the treasurer shall not be liable for any loss thereon
2resulting from the failure or default of such depository. The
county board, a
3committee of the
county board designated by it or the
county treasurer acting under
4s.
59.20 (14) 59.25 (3) (s) may invest any funds that come into the county treasurer's
5hands in excess of the sum the treasurer is authorized by the
county board to retain
6for immediate use in the name of the county in the local government
7pooled-investment fund, in interest-bearing bonds of the United States or of any
8county or municipality in the state or in any other investment authorized by statute.
9The board, committee or the county treasurer acting under s.
59.20 (14) 59.25 (3) (s) 10may sell such securities when
deemed considered advisable.
SB639,229,1511
(b) Every such depository shall on the first business day of each month, and
12oftener more often when required, file with the
county clerk a statement of the
13amount of county money deposited with it during the preceding month, and the
14treasurer shall at the same time file with such clerk a statement showing the amount
15of moneys received and disbursed by the treasurer during the previous month.
SB639,229,1916
(c) The
county board may fix the amount of money which may be retained by
17the treasurer but in no case shall the sum exceed $3,000; provided, that in all
18counties having a population of 200,000
or more inhabitants
or over, the treasurer
19may retain such sum as may be fixed by the
county board.
SB639,229,2320
(d) Such treasurer and clerk, whenever the cash balance does not amount to
21the sum authorized by the
county board to be retained, may increase it to such
22amount by their check on the county depository or depositories in favor of such
23treasurer.
SB639, s. 426
24Section
426. 59.76 of the statutes is renumbered 59.07 and amended to read:
SB639,230,3
159.07 Claims against counties; actions on.
(1) No action may be brought
2or maintained against a county upon a claim or
upon a cause of action unless the
3claimant complies with s. 893.80.
SB639,230,6
4(2) No action may be brought or maintained against a county, for disclosure of
5information
that is received under s. 342.20 (3) and maintained under s. 342.20 (4)
6or
that is received under s. 30.572 (4) and maintained under s. 30.572 (5).
SB639, s. 427
7Section
427. 59.77 (title), (1) to (4) and (6) to (8) of the statutes are renumbered
859.64 (1) (title) and (a) to (g) and amended to read:
SB639,230,139
59.64
(1) Claims, how made; procedure. (a)
In general. Every person, except
10jurors, witnesses and interpreters, and except physicians or other persons
who are 11entitled to receive from the county fees for reporting to the register of deeds births
12or deaths, which have occurred under their care, having any claim against any
13county shall comply with s. 893.80.
SB639,230,2214
(b)
Of court officers, certified by district attorney. No claim for official services,
15in any criminal action or proceeding before a judge
, shall be allowed by any
county 16board until the same has been examined and a written report made thereon by the
17district attorney of the proper county as required by
sub. (4) par. (d); nor shall the
18claim of any sheriff, undersheriff, deputy sheriff, constable or other such officer for
19the services or expenses of an assistant in making an arrest or commitment be
20allowed unless the judge before whom the prisoner is brought certifies that there was
21a necessity for such assistance because of the dangerous character of the defendant
22or because 2 or more persons were arrested at the same time.
SB639,231,923
(c)
Of judicial officers. Court commissioners shall, on or before the first Monday
24of November in each year, forward to the
county clerk of their respective counties a
25correct statement of all actions or proceedings had before them, during the
year next
1immediately preceding
year, in which the county
shall have become became liable for
2costs, giving the names of the parties in each action or proceeding, the nature and
3result of the same, the amount of costs in detail in each case
, and what items, if any
, 4have been paid and the amount thereof. The
county clerk shall file such statements
5in his or her office. Any such officer who neglects to make and return such statements
6within the time prescribed in this
subsection paragraph shall not receive any
7compensation from the county for any service rendered by him or her in any criminal
8case or proceeding during the year next preceding the time when the statement is
9required to be made and returned.
SB639,231,1310
(d)
Of court officers; certification; audit by district attorney; waiver. Fees of
11officers, in any action or proceeding before a court commissioner, shall be certified
12to and allowed by the
county board in the
manner following
, and in no other way 13manner:
SB639,231,2214
1. At least 10 days before the annual meeting of the board every such officer
15shall make and file with the
county clerk a certified statement of all actions or
16proceedings had or tried before him or her in which the state was a party, and
17wherein the county
has become became liable for the fees of officers, within the year
18next preceding the date of the statement, showing the title and nature of the action
19or examination, date of trial, the names of all officers, who actually attended court
20and gave in a statement of their attendance and travel; and also such on the part of
21the defendant as were allowed against the county, and the amount to which they are
22severally entitled. The statement shall be substantially in the following form:
SB639,231,23
23State of Wisconsin
SB639,232,1
1In .... Court
SB639,232,22
Complaint for ....