Wisconsin Legislature: Tract index system

Social services director

In a county which does not have a county executive or county administrator, the personnel committee of a county board does not possess the statutory authority to remove the county social services director. The county board in such a county may not, under section 59.025, Stats., transfer the authority to appoint, supervise and remove the social services director from the social services board to a committee of the county board because the statutes concerning the exercise of such authority are enactments primarily of statewide concern. 81-145

Solid waste disposal

Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of governm

Under sec. 59.07(135), Stats., a county may contract with another municipality or private company to pay the costs of operating a solid waste disposal site, including one owned by a private collector, as long as the necessary approvals have been secured under ch. 144, Stats. Costs of operation of such sites are to be borne by the users while capital costs are to be borne by the general county property tax. 72-27

State trunk highways

Where county has contract to maintain state trunk highways, county highway commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335

Tax delinquency proceedings

In tax delinquency proceedings, a county acquires fee simple title to land, including mineral interests therein, whether severed or not. 25 Op. Att'y Gen. 630 (1936); 49 Op. Att'y Gen. 77 (1960); 49 Op. Att'y Gen. 130 (1960). However, further legislative action is necessary to insure that assessment and tax delinquency proceedings are consistent with the provisions of 1983 Wisconsin Act 455 and are adequate to satisfy the due process rights of the owner of mineral interests to notice of the taking through delinquent tax proceedings. 74-59

Where a county proceeds under sec. 75.69(1), Stats., to advertise and sell tax delinquent property, it must reject all bids less than the appraised value, but, if it determines to accept any bid, it can accept the bid it deems in good faith to be most advantageous to the county in view of the criteria set forth in the bid notice. Such bid need not be the highest bid in dollars. 70-1

Tax delinquent property, selling of

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

Taxes for recycling and waste management

Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of governm

Telephone

If all the municipalities in Milwaukee County establish their own system or combine with several other municipalities to establish a system with a central location, Milwaukee County would be required to establish a system which connects with all central locations of the emergency telephone systems established in the County. It is possible that a mandamus proceeding could be instituted against public officials to obtain compliance with the provisions of the statute. 68-165

Town sanitary district

Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. 64-206

Tract index system

In a county maintaining a tract index system, the Register of Deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions an indexed tract or any part thereof. 63-254

Traffic ordinance

County under sec. 349.06, Stats., can enact and enforce a traffic ordinance in strict conformity with state statutes which is applicable to town roads. 30 OAG 431 (1941) and 38 OAG 184 (1949) no longer state the law in this respect because of subsequent statutory changes. 64-172

Trial costs

Under sec. 977.08(5)(f), Stats., trial representation costs are incurred whenever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74

Union or non-union contractors

A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86

University Police

The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1

Venue changes not allowed for cost savings

Section 48.185, Stats., does not authorize a change of venue, upon motion of a party or upon stipulation of the parties, after adjudication but before the first dispositional hearing, in a juvenile delinquency proceeding. 75-100

Veterans' service office

A county veterans' service office does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans' hospital when such transportation is not readily available unless authorized by his county. The county would be liable to the injured veteran in an automobile accident while being transported by the veterans' service officer if the officer were authorized and performing within the scope of his employment. If he were authorized and an accident occurred, sec. 895.43(3), Stats., limits the recovery to $25,000. 67-207

Visiting Nurse Association

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

Volunteer drivers, liability

"Volunteer Registration Form" utilized by county human services department to register volunteer drivers who transport department clients is ineffective to release county from civil liability in event client is injured or killed in accident. Moreover, an attempt by a county to obtain such a release from liability may violate public policy. 80-23

Waste management system

Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07(135), Stats., may be taxed for the capital costs of the county-wide system, but not for the operating costs. 67-77

Wisconsin Conservation Congress; expenses of attendees

Counties lack statutory authority to pay the expenses of private citizens or County Board members who attend meetings of the Wisconsin Conservation Congress; 61 Op. Att'y Gen. 327 (1972) discussed and adhered to. (Unpub.). 29-1984

Zoning

A county which has enacted a county-wide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting any town from the operation of such ordinance. 67-197

A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60

An amendment to a county zoning ordinance which adds a new zoning district to that ordinance does not necessarily constitute a comprehensive revision requiring town board approval of the entire county zoning ordinance under the provisions of section 59.97(5)(d), Stats. 81-98

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(7), 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 shore land zoning regulations. 63-69

The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290

Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. 63-57

COUNTY BOARD