SB639: Bill Text

Analysis by the Legislative Reference Bureau

This bill is a reorganization and renumbering of chapter 59 of the statutes, which deals with counties, and changes cross-references throughout the statutes to reflect the renumbering of chapter 59. The bill makes no substantive changes to current law.

The bill also conforms existing statute text to current style, including the following:

1. Removes certain archaic terms, such as "hereinafter", "aforesaid", "wherein" and "said".

2. Standardizes the uses of terms such as "enact ordinances" and "adopt resolutions".

3. Removes phrases such as "county board of supervisors" and substitutes "board", which is the defined term in the statutes. Similar changes are made for other defined terms, such as "clerk" for "county clerk" and "municipality" for "city, village or town".

4. Deletes redundant phrases, such as "Any and all" and "Each and every" and substitutes "All", "every", "a" or "an".

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB639, s. 1 Section 1. 5.15 (1) (c) of the statutes is amended to read:

SB639,7,7 5.15 (1) (c) The wards established by municipal governing bodies under this section on the basis of the published results of each federal decennial census of population shall govern the adjustment of supervisory districts under s. 59.03 59.10 (2) (a) and (3) (b) and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of the results of the next decennial census of population unless adjusted under sub. (2) (f) 4., (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the enactment of legislative districts under article IV, section 3, of the constitution on the basis of the most recent decennial census of population.

SB639, s. 2 Section 2. 5.15 (2) (d) of the statutes is amended to read:

SB639,7,13 5.15 (2) (d) Every municipality shall make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located under s. 59.03 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards in such a manner that will permit the creation of county supervisory districts in accordance with the population requirements for the plan specified in s. 59.03 59.10 (2) (a) or (3) (b) 1.

SB639, s. 3 Section 3. 5.58 (2) (a) of the statutes is amended to read:

SB639,7,25 5.58 (2) (a) There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.031 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

SB639, s. 4 Section 4. 5.60 (1) (intro.) of the statutes is amended to read:

SB639,8,8 5.60 (1) State superintendent; judiciary; county executive and county supervisors. (intro.) There shall be one separate ballot for state superintendent, judicial officers, county executive and county supervisor. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.03 59.10 (3). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or the executive director of the county board of election commissioners in the manner prescribed in par. (b).

SB639, s. 5 Section 5. 13.485 (1) of the statutes is amended to read:

SB639,8,14 13.485 (1) The parking facility that is enumerated for construction in the 1985-87 authorized state building program and that is located in Milwaukee county on Lake Michigan may be the subject of an agreement under sub. (4) and s. 59.07 (143) 59.79 (7) and may be funded from the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

SB639, s. 6 Section 6. 14.58 (21) of the statutes is amended to read:

SB639,8,18 14.58 (21) Credit card use charges. From moneys received under ss. 59.20 (8) and (8m) 59.25 (3) (j) and (k) and 85.14 (1) (b), pay the charges under ss. 23.49 and 85.14 (1) (b) and (2) from the appropriation under s. 20.585 (1) (km).

SB639, s. 7 Section 7. 16.30 (2) (a) of the statutes is amended to read:

SB639,8,21 16.30 (2) (a) A housing authority organized under s. 59.075 59.53 (22), 61.73, 66.395 or 66.40 or ch. 234.

SB639, s. 8 Section 8. 16.967 (3) (e) of the statutes is amended to read:

SB639,8,24 16.967 (3) (e) Review for approval a countywide plan for land records modernization prepared under s. 59.88 59.72 (3) (b).

SB639, s. 9 Section 9. 16.967 (5) of the statutes is amended to read:

SB639,9,2 16.967 (5) Fees. All fees received under s. 59.88 59.72 (5) (a) shall be credited to the appropriation under s. 20.505 (4) (im).

SB639, s. 10 Section 10. 16.967 (7) (a) (intro.) of the statutes is amended to read:

SB639,9,7 16.967 (7) (a) (intro.) A county board that has established a county land information office under s. 59.88 59.72 (3) may apply to the board on behalf of any local governmental unit, as defined in s. 59.88 59.72 (1) (c), located wholly or partially within the county for a grant for any of the following projects:

SB639, s. 11 Section 11. 19.21 (5) (b) of the statutes is amended to read:

SB639,9,11 19.21 (5) (b) Any county having a population of less than 500,000 may provide by ordinance for the destruction of obsolete public records, subject to ss. 59.716 and 59.717 s. 59.52 (4) (b) and (c), except for court records governed by SCR chapter 72.

SB639, s. 12 Section 12. 19.21 (5) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,9,21 19.21 (5) (c) The period of time any public record shall be kept before destruction shall be determined by ordinance except that in all counties the specific period of time expressed within s. 7.23 or 59.715 59.52 (4) (a) or any other law requiring a specific retention period shall apply. The period of time prescribed in the ordinance for the destruction of all records not governed by s. 7.23 or 59.715 59.52 (4) (a) or any other law prescribing a specific retention period may not be less than 7 years, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e).

SB639, s. 13 Section 13. 19.21 (5) (d) 1. of the statutes is amended to read:

SB639,9,25 19.21 (5) (d) 1. Except as provided in subd. 2., prior to any destruction of records under this subsection, except those specified within s. 59.715 59.52 (4) (a), at least 60 days' notice of such destruction shall be given in writing, to the historical society, which may preserve any records it determines to be of historical interest. Notice is not required for any records for which destruction has previously been approved by the historical society or in which the society has indicated that it has no interest for historical purposes. Records which have a confidential character while in the possession of the original custodian shall retain such confidential character after transfer to the historical society unless the director of the historical society, with the concurrence of the original custodian, determines that such records shall be made accessible to the public under such proper and reasonable rules as the historical society promulgates.

SB639, s. 14 Section 14. 20.370 (3) (ma) of the statutes is amended to read:

SB639,10,18 20.370 (3) (ma) General program operations — state funds. From the general fund, the amounts in the schedule for regulatory and enforcement operations under chs. 30, 31, 144, 147, 159 and 162 and ss. 44.47, 59.971, 59.974 59.692, 59.693, 61.351, 61.354, 62.231, 62.234 and 87.30, for reimbursement of the conservation fund for expenses incurred for actions taken under s. 166.04; for review of environmental impact requirements under ss. 1.11 and 23.40; and for enforcement of the treaty-based, off-reservation rights to fish, hunt and gather held by members of federally recognized American Indian tribes or bands.

SB639, s. 15 Section 15. 20.395 (1) (gq) of the statutes is amended to read:

SB639,10,22 20.395 (1) (gq) Expressway policing aids, state funds. The amounts in the schedule to reimburse any county policing expressways under s. 59.965 59.83 (10) (b).

SB639, s. 16 Section 16. 20.445 (3) (p) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,11,9 20.445 (3) (p) Federal aid; income maintenance payments. All federal moneys received for meeting costs of county administered public assistance programs under subch. III of ch. 49, the costs of the child and spousal support and establishment of paternity program under s. 46.25 and the cost of child care and related transportation under s. 49.26 (1) (e). Disbursements under s. 46.03 (20) may be made from this appropriation. Any disbursement made under this appropriation to carry out a contract under ss. 46.25 (7) and 59.07 (97) 59.53 (5) shall be in accordance with the formula established by the department of health and family services under s. 46.25 (7).

SB639, s. 17 Section 17. 20.505 (4) (ie) of the statutes is amended to read:

SB639,11,13 20.505 (4) (ie) Land information board; general program operations. From the moneys received by the land information board under s. 59.88 59.72 (5) (a), the amounts in the schedule for general program operations of the board under s. 16.967.

SB639, s. 18 Section 18. 20.505 (4) (im) of the statutes is amended to read:

SB639,11,18 20.505 (4) (im) Land information board; aids to counties. From the moneys received by the land information board under s. 59.88 59.72 (5) (a), all moneys not appropriated under par. (ie) for the purpose of providing aids to counties for land information projects under s. 16.967 (7).

SB639, s. 19 Section 19. 20.512 (1) (i) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,11,25 20.512 (1) (i) Services to nonstate governmental units. The amounts in the schedule for the purpose of funding personnel testing services to nonstate governmental units under s. 230.05 (8), including services provided under ss. 49.33 (5) and 59.21 59.26 (8) (a). All moneys received from the sale of these services shall be credited to this appropriation.

SB639, s. 20 Section 20. 20.585 (1) (km) of the statutes is amended to read:

SB639,12,4 20.585 (1) (km) Credit card use charges. All moneys received under ss. 59.20 (8) and (8m) 59.25 (3) (j) and (k) and 85.14 (1) (b), to pay charges under ss. 23.49 and 85.14 (1) (b) and (2).

SB639, s. 21 Section 21. 20.865 (1) (a) of the statutes is amended to read:

SB639,12,13 20.865 (1) (a) Judgments and legal expenses. A sum sufficient to pay for legal expenses under ss. 59.31 59.32 (3) and 776.43, for costs under ss. 227.485 and 814.245 and for the costs of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.

SB639, s. 22 Section 22. 20.865 (1) (g) of the statutes is amended to read:

SB639,12,24 20.865 (1) (g) Judgments and legal expenses; program revenues. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to pay for legal expenses under ss. 59.31 59.32 (3) and 776.43, for costs under ss. 227.485 and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.

SB639, s. 23 Section 23. 20.865 (1) (q) of the statutes is amended to read:

SB639,13,9 20.865 (1) (q) Judgments and legal expenses; segregated revenues. From the appropriate segregated funds, a sum sufficient to pay for legal expenses under ss. 59.31 59.32 (3) and 776.43, for costs under ss. 227.485 and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.

SB639, s. 24 Section 24. 20.910 of the statutes is amended to read:

SB639,13,19 20.910 State percentage; notice of default. If the department of administration does not receive from the clerk of the circuit court the statement relative to the state percentage of fees and other payments required by s. 59.395 (5) 59.40 (2) (m) together with a receipt for the sum required by law to be paid on the actions so entered during the preceding month, on or before the first day of the next succeeding month, it shall immediately notify the judge of the circuit court of the county of the failure to transmit the statement or receipt or both; and the judge shall thereupon notify the clerk to show cause why he or she should not be removed from office in the manner provided by law.

SB639, s. 25 Section 25. 23.49 of the statutes is amended to read:

SB639,14,2 23.49 Credit card use charges. The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the state treasurer shall pay the charges from moneys received under s. 59.20 (8) and (8m) 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 14.58 (21).

SB639, s. 26 Section 26. 23.85 of the statutes is amended to read:

SB639,14,22 23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.20 59.25 (3). Jail assessments shall be treated separately as provided in s. 302.46.

SB639, s. 27 Section 27. 25.40 (1) (ig) of the statutes is amended to read:

SB639,15,2 25.40 (1) (ig) All moneys forwarded by county treasurers from forfeitures, fines and penalties under ch. 348 and from forfeitures for the violation of traffic regulations in conformity with ch. 348, as provided in s. 59.20 (8m) and (8n) 59.25 (3) (k) and (L).

SB639, s. 28 Section 28. 25.40 (1) (im) of the statutes is amended to read:

SB639,15,8 25.40 (1) (im) All moneys forwarded by county treasurers from fees under s. 343.10 (6), as provided in ss. 59.20 (8r) 59.25 (3) (m) and 343.10 (6), and all moneys forwarded by municipal treasurers from fees under s. 343.10 (6), as provided in s. 343.10 (6), and all moneys forwarded by the department from fees under s. 343.10 (6).

SB639, s. 29 Section 29. 27.03 (2) of the statutes is amended to read:

SB639,15,18 27.03 (2) In any county with a county executive or a county administrator, the county executive or county administrator shall appoint and supervise a general manager of the park system. The appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. In any county with a population of 500,000 or more, the general manager of the park system shall be in the unclassified civil service and is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation.

SB639, s. 30 Section 30. 27.05 (6) of the statutes is amended to read:

SB639,16,5 27.05 (6) Let, lease or grant the use of such part or portion of the park lands now owned or hereafter acquired as to it shall seem reasonably necessary, convenient or proper to agricultural and other societies of similar nature for agricultural and industrial fairs and exhibitions and such other purposes as tend to promote the public welfare. All fences and buildings constructed and other improvements made on such lands by societies using the same shall be constructed and made according to plans submitted to, and approved by the county park commission or county park manager, and shall be the property of the county. The county board may appropriate money for and construct buildings and make improvements on any such lands so used in the same manner and to the same extent as provided by s. 59.69 (1) 59.56 (14) (a) to (c).

SB639, s. 31 Section 31. 27.06 of the statutes is amended to read:

SB639,16,11 27.06 Mill-tax appropriation. The county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county for the purchase of land and the payment of expenses incurred in carrying on the work of the park commission. In every county having a population of 500,000 or more, the county park commission shall be subject to s. 59.84 59.60.

SB639, s. 32 Section 32. 28.11 (3) (a) of the statutes is amended to read:

SB639,16,17 28.11 (3) (a) Enact an ordinance designating a committee to have charge of the county forests and specifying the powers, duties, procedures and functions of such committee. The members of such committee shall be appointed pursuant to s. 59.06 59.13 and may include well-qualified residents of the county who are not members of the county board.

SB639, s. 33 Section 33. 29.9965 (1) (f) of the statutes is amended to read:

SB639,16,22 29.9965 (1) (f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 34 Section 34. 29.9967 (1) (d) of the statutes is amended to read:

SB639,17,2 29.9967 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 35 Section 35. 29.997 (1) (d) of the statutes is amended to read:

SB639,17,8 29.997 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

SB639, s. 36 Section 36. 29.998 (1) (d) of the statutes is amended to read:

SB639,17,15 29.998 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

SB639, s. 37 Section 37. 30.12 (4) (a) of the statutes is amended to read:

SB639,17,25 30.12 (4) (a) Activities affecting waters of the state as defined in s. 144.01 that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29, 30.11, 30.123, 30.195, 30.20, 59.971 59.692, 61.351, 62.231, 87.30 or ch. 144 or 147. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

SB639, s. 38 Section 38. 30.202 (3) of the statutes is amended to read:

SB639,18,7 30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971 59.692 or 87.30 or ch. 144 or 147 or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

SB639, s. 39 Section 39. 30.204 (5) of the statutes is amended to read:

SB639,18,16 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971 59.692, 87.30, 144.01 to 144.27, 144.43 to 144.79, 144.96 to 144.99 or 159.81 or ch. 147 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or that chapter.

SB639, s. 40 Section 40. 30.44 (8) (a) of the statutes is amended to read: