AB378: Bill Text

Note: 1995 Wis. Act 279 created s. 59.07 (97m) to follow s. 59.07 (97). 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5). This renumbering carries out the original intent of Act 279. The cross-references are amended to reflect renumbering by Act 201 and 1995 Wis. Act 404.

AB378, s. 164 Section 164. The treatment of 59.08 (6) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 481, is not repealed by 1995 Wisconsin Act 225, section 176. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.08 (6) by 1995 Wis. Act 201.

AB378, s. 165 Section 165. 59.08 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 201, section 482, and 1995 Wisconsin Act 225, section 177, is amended to read:

AB378,59,18 59.08 (7) (a) When publication of the consolidation agreement in each of the counties included in the agreement is completed, judges courts the judges of the circuit courts of those counties shall, by order entered of record in each of the counties, require the clerks of each of the counties to submit the question of the consolidation of the counties to a vote of the qualified electors of the counties.

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

AB378, s. 166 Section 166. 59.08 (10) of the statutes, as affected by 1995 Wisconsin Act 201, section 483, and 1995 Wisconsin Act 225, section 178, is amended to read:

AB378,60,11 59.08 (10) If a majority of the votes cast in each county upon the question of consolidation are in favor of the consolidation of the counties, the judge of the circuit courts for those counties court shall enter the that fact of record in each county. If in any one of the counties less than a majority of the votes cast upon the question of consolidation are in favor of the proposed consolidation, the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon the question of consolidation in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of the that county for a period of 2 years.

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

AB378, s. 167 Section 167. 59.10 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 100, is amended to read:

AB378,60,17 59.10 (2) (b) Election; term. Supervisors shall be elected for 4-year terms of at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms, and shall take office on the 3rd Monday in April following their election.

Note: The treatment of this provision by 1995 Wis. Act 201 rendered "of" surplusage.

AB378, s. 168 Section 168. The treatment of 59.15 of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 246, is not repealed by 1995 Wisconsin Act 225, section 136. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.15 by 1995 Wis. Act 201.

AB378, s. 169 Section 169. 59.20 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 251, and 1995 Wisconsin Act 225, section 145, is amended to read:

AB378,61,8 59.20 (3) (b) If any officer described in sub. (1) par. (a) neglects or refuses to comply with any of the provisions of this subsection, the officer shall forfeit $5 for each day that the noncompliance continues. Actions for the collection of a forfeiture under this subsection paragraph may be brought upon the complaint of the district attorney of the proper county or of any party aggrieved by the officer's refusal or neglect.

Note: Reconciles cross-references inserted by 1995 Wis. Act 225 with the renumbering of this provision by 1995 Wis. Act 201.

AB378, s. 170 Section 170. 59.21 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 250, and 1995 Wisconsin Act 225, section 138, is amended to read:

AB378,61,12 59.21 (1) (c) Sheriff, not less than $5 $5,000 nor more than $25,000, with not less than 3 sureties.

Note: 1995 Wis. Acts 201 and 225 both replaced the word form of numbers with digits in this provision. Act 201 inserted $5 to replace "five"; and Act 225 inserted $5,000 to replace "five" — "$5,000" was intended.

AB378, s. 171 Section 171. The treatment of 59.21 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 250, is not repealed by 1995 Wisconsin Act 225, section 142. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.21 (2) by 1995 Wis. Act 201.

AB378, s. 172 Section 172. The treatment of 59.21 (3) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 250, is not repealed by 1995 Wisconsin Act 225, section 143. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.21 (3) by 1995 Wis. Act 201.

AB378, s. 173 Section 173. The treatment of 59.22 (1) (a) 1. of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 258, is not repealed by 1995 Wisconsin Act 225, section 146. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.22 (1) (a) 1. by 1995 Wis. Act 201.

AB378, s. 174 Section 174. 59.24 of the statutes, as affected by 1995 Wisconsin Act 201, section 265, is amended to read:

AB378,62,18 59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child juvenile in a secured correctional facility, as defined in s. 938.02 (15m).

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 175 Section 175. 59.25 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 225, section 151, is amended to read:

AB378,63,7 59.25 (3) (c) Pay all county orders described in sub. (2) par. (b) in the order of time in which they are presented for payment; but where 2 or more are presented at the same time, give precedence to the order of the oldest date, but the treasurer shall receive of municipal treasurers all county orders issued in the county, which the town, city and village municipal treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any municipal the town, city or village treasurer in the year for which the orders are offered in payment, which amount shall be determined by the affidavit of the municipal town, city and village treasurer.

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

AB378, s. 176 Section 176. The treatment of 59.25 (3) (e) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 269, is not repealed by 1995 Wisconsin Act 408, section 1. Both treatments stand.

Note: There is no conflict of substance.

AB378, s. 177 Section 177. The treatments of 59.25 (3) (f) 2. of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 227, section 202, are not repealed by 1995 Wisconsin Act 448, section 60. All treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.25 (3) (f) 2. by 1995 Wisconsin Act 201.

AB378, s. 178 Section 178. 59.25 (3) (i) of the statutes, as affected by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 225, section 153, is amended to read:

AB378,64,2 59.25 (3) (i) Make annually, on the 3rd Monday of March, a certified statement, and forward it the statement to each municipal clerk in the county, showing the amount of money paid from the county treasury during the year next preceding to each municipal treasurer in the county. The statement shall specify the date of each payment, the amount thereof and the account upon which the payment was made. It shall be unlawful for any county treasurer to pay to the treasurer of any town any money in the hands of the county treasurer belonging to the town from the 3rd Monday of March until 10 days after the annual town meeting except upon the written order of the town board.

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

AB378, s. 179 Section 179. 59.27 (5) of the statutes, as affected by 1995 Wisconsin Act 201, section 276, is amended to read:

AB378,64,10 59.27 (5) Deliver on demand to the sheriff's successor in office, when the sheriff's successor has qualified according to law, the jail and other property of the county and all prisoners in the jail, and all books, records, writs, processes, orders and other papers belonging to the sheriff's office and in the possession of the sheriff, undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery of these items the successor in office shall execute a receipt to the sheriff therefor.

Note: Through an error in transcribing 1991 Wis. Act 316, "a receipt" was inadvertently deleted. This language was included in 1995 Wis. Act 201. It is underscored in this bill to confirm that its presence is correct. 1995 Wis. Act 201 deleted "therefor" without showing it as stricken. A change was not intended.

AB378, s. 180 Section 180. 59.29 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 201, section 290, is amended to read:

AB378,65,5 59.29 (2) (a) In all cases where by the laws of this state the governor is authorized to demand of the executive authority of any other state any fugitive from justice or any person charged with a crime in this state and to appoint an agent to receive such person, and such person is apprehended in any other state by the sheriff or deputy sheriff of the county in this state where the warrant for such fugitive from justice is properly issued, or such crime was committed, and such person voluntarily returns with said sheriff to this state without requisition, such sheriff shall be entitled to $8 per day for the time necessarily expended in traveling to, apprehending and returning with such person and the sheriff's actual and necessary expenses for such time, which compensation and expenses shall be allowed by the board of such county upon the presentation thereto of an itemized and verified account, stating the number of days that the sheriff was engaged, the number of miles traveled and each item of expense incurred in rendering such services, including the transportation and board of the person in custody. No allowance whatever shall be made to the sheriff as mileage.

Note: Inserts "a" for improved readability.

AB378, s. 181 Section 181. 59.30 of the statutes, as affected by 1995 Wisconsin Act 201, section 286, is amended to read:

AB378,65,13 59.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or medical examiner shall appear or practice as an attorney in any court, draw or fill up any writ, pleading or proceeding for a party in any action, nor, with the intent to be employed in the collection of any demand or the service of any process, advise or counsel any person to commence an action or proceeding; and for violation of this section every such officer shall forfeit not more than $50.

Note: Inserts "an" for improved readability.

AB378, s. 182 Section 182. 59.34 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

AB378,66,8 59.34 (1) (a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis and the officeholder shall be paid compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court or district attorney upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.

Note: Inserts "officeholder" for improved readability.

AB378, s. 183 Section 183. 59.35 (2) of the statutes, as affected by 1995 Wisconsin Act 201, section 306, is amended to read:

AB378,66,16 59.35 (2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the coroner's term of office, and after the death, resignation or removal from office of the coroner as well as before; and an action for any such default or misconduct may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of the coroner.

Note: The word "coroner's" was deleted by 1995 Wis. Act 201 without being stricken. No change was intended.

AB378, s. 184 Section 184. 59.38 (1) of the statutes, as affected by 1995 Wisconsin Act 201, section 302, is amended to read:

AB378,67,11 59.38 (1) Medical examiner, assistants; salaries; fees; report. The medical examiner and medical examiner's assistants authorized by the board shall be paid semimonthly out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the board. The medical examiner and medical examiner's assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the board of the county and to the treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer of the county all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner's assistant shall act as coroner in a nearby county when requested to do so under s. 59.34 (2) (b).

Note: Deletes spurplus language. "Board" and "treasurer" are defined under s. 59.001 (1) as the "county board of supervisors" and the "county treasurer", respectively.

AB378, s. 185 Section 185. 59.39 (11) of the statutes, as created by 1995 Wisconsin Act 438, is renumbered 59.40 (2) (im).

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

AB378, s. 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:

AB378,68,2 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.

AB378, s. 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.

AB378, s. 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.

AB378, s. 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.

AB378, s. 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:

AB378,68,17 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:

AB378,68,19 4. a. Directly below the recording information area described under par. (c) subd. 3.

AB378,68,20 b. Directly below the document number area described under par. (b) subd. 2.

AB378,69,4 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".

AB378,69,7 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.

AB378,69,9 c. Subdivision 1. 5. a. applies only in a county whose board requires the use of a parcel identifier number.

AB378,69,12 (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:

AB378,69,15 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.

AB378,69,19 (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).

AB378,69,21 (d) (intro.) Subsections (1) and (2) Paragraphs (a) and (b) do not apply to any of the following instruments:

AB378,69,25 (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.

AB378, s. 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:

AB378,70,8 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:

AB378,70,12 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.

AB378,70,15 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.

AB378,70,21 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).

AB378, s. 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:

AB378,71,10 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.