Institutions board members; appointment of
Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to office discussed. 73-99
Insurance
Liability of self-insured county performing state highway maintenance is not increased by virtue of maintenance contract with State. 69-137
Investment of county funds
The County Treasurer does not have power to manage and administer the investment of county funds, such powers by reason of sec. 59.75(1), Stats., being for the County Board or of a committee thereof, and since they involve the exercise of discretion on a continuing basis, cannot be delegated to the Treasurer. The County Board may authorize the Treasurer to deposit certain funds in inactive deposits at interest in county depositories under strict standards established by the Board. 68-133
Jail
A county cannot meet the requirements of sec. 59.68(1), Stats., by constructing a jail outside the county seat and maintaining a facility at the county seat to be used only for securing defendants on the day of trial. A facility housing county jail functions other than rehabilitation may not be located outside the county seat. (Unpub.). 32-1975
Joint county/tribal telecommunications system
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Juneau county
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
Land
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
Lands sold for taxes
An ordinance enacted by a city council to purchase lands sold for taxes under sec. 74.43(3), Stats., only becomes operative where the County Board has not acted to purchase such lands under sec. 74.44(1), Stats. Advertising and bidding requirements of sec. 75.69(1), Stats., are not applicable to a sale to a city under sec. 75.69(2), Stats., but are applicable to a subsequent sale by a city, unless the transfer still falls within the exemptions in sec. 75.69(2), Stats. 67-150
Section 75.36, Stats., provides that a county need not assume and pay all unpaid or delinquent municipal taxes, assessments and charges due on a parcel of property at the time the county acquires such property by tax deed. The statute also provides that the county is not required to assume and pay any such taxes which remain unrecovered upon the sale of such property because the sum realized was insufficient to pay all such outstanding municipal tax obligations. (Unpub..). 31-1987
Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
Law enforcement contracts with municipalities
Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The County Sheriffs consent to provide such supplemental services and the Sheriff's approval of such a contract is required. 75-119
Library funds
County Board cannot authorize single-county federated library system board to maintain special bank account into which are deposited system revenues and from which are paid system expenses. (Unpub.). 81-1977
Library tax
A municipality, otherwise qualified, is entitled to an exemption under sec. 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance "money expended for public library services to its inhabitants" by a general tax levy. 72-190
To qualify for exemption from county library tax under sec. 43.64(2), Stats., municipality or school district must have expended for its own "library fund" during the year in which the county tax levy is made a sum at least equal to the sum it would have to pay for the county tax levy made during that year to fund the county budget for the ensuing year. 72-49
Lime pit
Pursuant to secs. 59.07(1)(a) and 59.873, Stats., a county can own and operate a lime pit in another county, within reasonable distance, if such operation is necessary to obtain sufficient supply to furnish lime at cost to farmers within the county operating such pit. However, absent a co operation agreement pursuant to sec. 66.30, Stats., lime cannot be sold or distributed to farmers in such other county. 66-72
Marijuana ordinance
Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205
Medicaid
A county may not, in a manner consistent with federal and state statutes and regulations prohibiting supplementation, contractually obligate itself to pay a visiting nurse association funds in addition to those received by such a home health care provider through the Medicaid program. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the applicability of federal statutes and regulations administered exclusively by federal authorities. 77-287
Medical aid
Counties are liable to reimburse emergency medical relief claims upon satisfaction of the prerequisites in sec. 49.02(5), Stats., and medical facilities are not foreclosed from submitting such claims nor are counties empowered to deny such claims because of assurances made by the facility in exchange for benefits received under the Hill-Burton Act. 70-24
Medical examination
The State, its political subdivisions, and counties are not employers under sec. 103.37, Stats., and, therefore, are not subject to this statute which prohibits employers from requiring any employe or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment. 69-103
Mental health services
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
Menominee Tribe
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state general jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County, or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the county could require prior majority vote of the county's legal voters. 64-184
Mineral rights
Counties may not transfer county owned mineral rights, acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07(1)(c), Stats., counties may make gifts of land or interests in lands only to enumerated public entities. 67-236
Multi-county prosecutorial system
A multi-county prosecutorial system could be established, consistent with article VI, section 4, of the Wisconsin Constitution, by reorganizing certain counties and joining them solely for prosecutorial purposes, while allowing them to remain separate for the purpose of exercising all other functions of county government. The electors of each county sharing the services of a particular district attorney, however, would have to participate in the selection of their joint prosecutor. 72-4
Municipal extraterritorial zoning
County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23(7a), Stats. Sections 59.971, 62.23(7a) and 144.26, Stats., discussed. Municipal extraterritorial zoning within shorelands is effective insofar as it is consistent with, or more restrictive than, the county shoreland zoning regulations. 63-69
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
National forest lands
County which has received payments from the federal government in lieu of taxes under sec. 1 of P. L. No. 94-565, 90 Stat. 2662, cannot distribute such payments to the towns in which the national forest lands are located. 68-23
Nonprofit corporations
A county may, through its boards and commissions, purchase services from various nonprofit organizations within the scope of such board or commission's authority. Where County Board has created community relations-social development commission pursuant to sec. 66.433, Stats., it cannot, through such commission, fund community-wide nonprofit corporations it deems worthy, by setting forth in the commission's budget, the amount of money to go to a specific nonprofit agency. Where a county board creates a sec. 66.433 Commission, it cannot by reason of sec. 59.025(3)(c), Stats., transfer all the duties and functions of such Commission to another board or commission or committee of the County Board. 67-297
Ordinances, applicability of
A county ordinance passed under section 92.11, Stats., may be applicable to incorporated as well as unincorporated areas of the county, whereas a county ordinance passed under section 92.16 is applicable only in the unincorporated areas of the county. 77-87
Ordinances, authority to enact
Counties possess the statutory authority to enact and enforce ordinances prohibiting the issuance of bad checks and trespassing but do not have the authority to enact and enforce ordinances prohibiting battery and theft. 78-38
Park land
An agreement to purchase park land whereby a county is to make deferred payments from an existing nonlapsing account (sufficient to cover the entire obligation) secured by mortgaging the property to the grantor, would not create an obligation within the ambit of ch. 67, Stats., nor constitute a debt in the context of art. XI, sec. 3, Wis. Const. 63-309
